What is “fetal personhood” and why is it so dangerous?
Fetal personhood is a concept rooted in the belief that a fetus, from the moment of conception, should be granted the same legal rights and protections as a fully born person. While it might sound like an abstract legal theory, fetal personhood has real-world implications that directly threaten reproductive rights, including abortion access, miscarriage care, and even in-vitro fertilization (IVF).
Where Have We Seen Fetal Personhood Used?
One prominent example of fetal personhood in action is the February 16, 2024, Alabama Supreme Court ruling. In this case, the court determined that an embryo destroyed during in-vitro fertilization (IVF) could be considered a person under state law. This ruling marked a significant shift in legal precedent, opening the door for potential criminalization of standard IVF practices, such as the disposal of unused embryos. Fertility clinics and patients now face heightened legal risks, creating uncertainty for those seeking fertility treatments.
Fetal personhood has also surfaced in constitutional amendments and ballot initiatives across various states. For example, Colorado has repeatedly seen "personhood" measures on its ballots, which, if passed, would have criminalized abortion by granting embryos and fetuses the full spectrum of legal rights from conception. Though these measures failed, they underscore the persistent efforts to enshrine fetal personhood into law.
How Fetal Personhood Endangers IVF
One often-overlooked consequence of fetal personhood is its impact on in-vitro fertilization (IVF). IVF involves the creation of embryos outside the womb, some of which are not implanted and may be discarded or stored indefinitely. Under fetal personhood laws, embryos could be legally recognized as people, making it illegal to discard or even freeze them in certain cases. In Alabama, the Hicks ruling fueled concerns that IVF clinics and patients could face legal consequences for routine procedures.
This creates a chilling effect for individuals seeking fertility treatments, as the legal risks and constraints could make IVF financially and emotionally inaccessible. For people already navigating the complexities of infertility, fetal personhood laws add yet another barrier to building a family.
Why Fetal Personhood is Dangerous for Abortion Access
Fetal personhood directly threatens the legal framework underpinning abortion rights. In the landmark 1973 Roe v. Wade decision, the Supreme Court ruled that a person’s right to privacy extends to their decision to have an abortion. By granting fetuses the same legal status as individuals, fetal personhood laws effectively erase this right. The 2022 overturning of Roe v. Wade in Dobbs v. Jackson Women’s Health Organization has only emboldened these efforts.
Moreover, fetal personhood laws risk criminalizing people who experience miscarriages or seek abortion care. If a fetus is legally recognized as a person, any loss of pregnancy—whether intentional or not—could trigger investigations. This could lead to wrongful prosecutions of individuals for “fetal endangerment” or “negligence,” disproportionately impacting marginalized communities who already face systemic healthcare inequities.
The Broader Implications
The implications of fetal personhood extend beyond abortion and IVF. These laws could impact access to contraception methods like IUDs or emergency contraception, which some argue prevent the implantation of a fertilized egg. They could also hinder medical research involving embryos, delaying scientific advancements in areas like genetics and cancer treatment.
Fighting Back Against Fetal Personhood
To protect reproductive rights, it’s critical to oppose the codification of fetal personhood into law. This includes:
Supporting Advocacy Groups: Organizations like Planned Parenthood, NARAL Pro-Choice America, and the Center for Reproductive Rights are on the frontlines challenging fetal personhood laws.
Educating Communities: Spreading awareness about the implications of fetal personhood is essential for mobilizing resistance.
Voting Proactively: Elect leaders who understand the dangers of fetal personhood and are committed to safeguarding reproductive rights.
Fetal personhood might sound like a lofty legal term, but its consequences are all too real. From endangering abortion access to complicating fertility treatments, the push for fetal personhood laws represents a dire threat to reproductive freedom. By staying informed and engaged, we can work together to protect these essential rights for everyone.
More resources:
Jessica Valenti over at Abortion Every Day has been doing amazing work educating people about the dangers of fetal personhood for years. Check out these articles of hers for more information:
Pregnancy Justice also has a great (long) description of fetal personhood which can be read here
