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American Focus > Blog > Tech and Science > IVF Treatment Faces Threats from ‘Fetal Personhood’ Laws That Would Grant Fetuses Legal Rights
Tech and Science

IVF Treatment Faces Threats from ‘Fetal Personhood’ Laws That Would Grant Fetuses Legal Rights

Last updated: May 7, 2025 9:25 pm
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IVF Treatment Faces Threats from ‘Fetal Personhood’ Laws That Would Grant Fetuses Legal Rights
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This executive order signed by President Trump is a significant development in the ongoing debates surrounding reproductive health and fetal personhood in the United States. The order aims to expand access to in vitro fertilization (IVF), a popular fertility treatment that helps many couples conceive children. However, the implications of this move go beyond just fertility treatments and touch upon broader discussions around the legal rights of embryos and fetuses.

Mary Ziegler, a prominent historian of U.S. reproductive law, has recently published a book titled “Personhood: The New Civil War over Reproduction,” which delves into the rise of the fetal personhood movement in the country. Fetal personhood advocates argue that embryos and fetuses should be granted the same legal rights as individuals, a stance that has far-reaching consequences for various aspects of reproductive medicine and science.

The Alabama Supreme Court’s ruling in February 2024, which equated frozen embryos to children under the state’s civil wrongful death statute, sent shockwaves through the medical community and fertility clinics in the state. This decision highlighted the potential impact of fetal personhood laws on practices such as IVF, contraception, stem cell research, and even miscarriage care.

Fetal personhood laws have already been established in 17 states across the country, either through legislation or judicial decisions. While the Trump administration has taken steps to restrict abortion access, its stance on IVF and other fertility treatments remains ambiguous. The forthcoming report from the administration, expected in mid-May, is likely to provide more clarity on its reproductive health agenda and how it plans to navigate the competing interests of antiabortion activists and pronatalists.

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In a recent interview with Scientific American, Mary Ziegler discussed the legal implications of fetal personhood and its impact on reproductive medicine and science. She emphasized that these laws could significantly restrict or even outlaw practices such as IVF and embryonic stem cell research, as they consider embryos to have the same rights as individuals.

President Trump’s self-proclaimed title as the “father of IVF” and his support for expanding access to fertility treatments may seem contradictory to the antiabortion base that supports him. However, the popularity of IVF among Americans has created a divide within the Republican Party, with some politicians willing to advocate for pro-IVF policies despite opposition from antiabortion groups.

Overall, the Trump administration’s forthcoming recommendations on IVF and reproductive health care policies will likely focus on reducing the cost of fertility treatments and making them more accessible to a wider range of individuals. This move could have significant implications for the future of reproductive health care in the United States and the ongoing debates surrounding fetal personhood. The current landscape of reproductive health care and scientific research in the United States is facing significant challenges due to the federal government’s aggressive approach to cutting funding for important programs. This has raised concerns about the future of initiatives aimed at expanding access to In Vitro Fertilization (IVF) and improving maternal health outcomes.

One of the key questions that arises in this context is how to effectively enhance IVF access in light of recent layoffs and funding cuts at the National Institutes of Health and Centers for Disease Control and Prevention. These institutions played a crucial role in tracking IVF outcomes and advancing maternal health, and their elimination could hamper the success of any new efforts in this area. As a result, finding alternative ways to support and expand IVF access has become a pressing issue that requires careful consideration and strategic planning.

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Furthermore, the rise of the fetal personhood movement poses a significant challenge to the future of U.S. reproductive health care and scientific research. While concerns about fetal life are valid and important, the approach taken by fetal personhood advocates, which emphasizes criminalization over ethical deliberation, has raised red flags among many voters. This movement is increasingly turning to state and federal courts to push its agenda, potentially leading to far-reaching changes in how medical care and scientific research are conducted in the country.

It is essential for professionals in the fields of medicine and science to stay informed and engaged with these developments, as the implications of the fetal personhood movement could extend beyond reproductive health clinics. By staying vigilant and advocating for evidence-based policies and practices, individuals in these sectors can help safeguard the integrity of research and healthcare delivery in the face of political and ideological challenges.

In conclusion, while the current political climate may present obstacles to advancing reproductive health care and scientific research, it is crucial for stakeholders to remain proactive and innovative in finding solutions to these challenges. By working together and staying informed, we can ensure that the future of reproductive health care and scientific research in the U.S. remains robust and responsive to the needs of all individuals.

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