In post-Dobbs America, fetal personhood has taken center stage, threatening to upend the civil and human rights of half of the American population. Its impact is felt nationwide and disproportionately in communities of color, the LGBTQ+ community, among poor people, and people who use drugs.
As fetal personhood increasingly influences judicial decisions, statutes, and state constitutional amendments, it has led to: the criminal prosecutions of pregnant people for myriad actions deemed to pose even a risk of harm; forced medical interventions during pregnancy; threats to in vitro fertilization care; and denials of life-saving obstetric and abortion care — all under the guise of protecting “fetal life.”
This updated report provides a necessary overview of the legal framework supporting fetal personhood in a post-Dobbs world, examines the escalating application of fetal personhood principles since Roe’s fall, and explores the real-world implications and harms of this radical legal doctrine while identifying areas both for intervention and resistance.