The Alabama Supreme Court’s recent ruling recognizing unimplanted human embryos as children highlights the ongoing efforts of the anti-abortion movement to establish legal support for fetal and embryonic personhood.
On February 16, justices on the state’s highest court ruled that Alabama’s Wrongful Death of a Minor Act applies to parents of unborn children, regardless of their ability to survive outside the womb. This decision has drawn praise from anti-abortion groups who believe life begins at conception, while facing opposition from abortion rights and fertility organizations concerned about its impact on miscarriage management and in vitro fertilization.
Although voters have rejected ballot measures related to fetal personhood, legal analysts believe that the Alabama ruling could embolden anti-abortion groups to seek legal protections for embryos and fetuses. This effort is gaining traction in states like Florida, where legislation is being considered that would allow parents to sue for damages in cases of wrongful death of an “unborn child” at any stage of development.
Legal experts suggest that the issue of fetal personhood may resurface in both state and federal courts, particularly following the US Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health Organization, which overturned abortion rights. The Court has thus far avoided directly addressing the question of fetuses’ constitutional rights.
With technology like in vitro fertilization challenging existing legal frameworks, the debate over fetal personhood is likely to intensify in the coming years, as anti-abortion efforts seek to establish legal recognition of embryos and fetuses as persons under the law.