Fetal Personhood Established by Law or Judicial Decision
Fetal personhood laws grant fetuses — and in some cases embryos, and fertilized eggs — the same legal rights and status given to born people, such as the right to life. When fetal personhood is fully actualized, it fundamentally changes the legal rights and status of all pregnant people, opening up the door to criminalization, surveillance, and obstetric violence.
Currently, 17 states have established fetal personhood by law or judicial decision to apply to criminal law or both criminal and civil laws.
Last reviewed: 09/23/2024
Want to learn more? Read our report.
Fetal Personhood Language Embedded in State Abortion Restrictions
At least 24 states include personhood language in laws regulating or prohibiting abortion care (e.g., using language such as “member of species Homo sapiens,” “unborn human being,” “unborn human individual,” “dignity of all human life,” “persons, born and unborn,” or “class of human beings”).
Last reviewed: 09/24/2024
Want to learn more? Read our report.
Criminal Feticide Established by Law
Criminal feticide, or fetal homicide, refers to a type of law that authorizes homicide (murder) charges for “causing” a pregnancy loss such as miscarriage or stillbirth. Originally championed as a way to protect pregnant people from violence caused by another person, feticide laws have been manipulated to criminalize people for the loss of their own pregnancy and indirectly normalize the concept of fetal personhood.
Feticide laws have also encouraged the expanded application of other criminal laws to pregnancy. Currently, there are 38 states that could authorize homicide charges to be brought for causing the loss of a pregnancy, even if they have not already.
Last reviewed: 09/23/2024
Want to learn more? Read our report.
Civil Commitment Laws: Substance Use & Pregnancy
Court-ordered civil commitment laws authorize state courts to commit a pregnant person to substance use treatment without their consent, under the guise of fetal protection. There are two ways a person can be committed for substance use during pregnancy: by an emergency order or by court order. Emergency commitments are typically shorter and made by an administrator of a mental health facility, whereas court-ordered commitments are typically for a longer period of time.
Currently, five states authorize state courts to commit a pregnant person to substance use treatment without their consent.
Last reviewed: 09/23/2024
Want to learn more? Read our fact sheet on Wisconsin’s Act 292 law.
Laws and Judicial Decisions Making IVF Vulnerable to Legal Challenge
IVF may be at risk of legal challenges depending on a combination of state laws, including whether fetal personhood is established and whether a state’s wrongful death statute could be construed as including frozen embryos.
Last reviewed: 09/24/2024
Want to learn more? Read our report.
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