The bill simultaneously recognizes fetal personhood and shields pregnant people from prosecution for ending a pregnancy, producing a core trade-off between expanding legal protections for embryos/fetuses and substantially restricting reproductive autonomy, healthcare availability, and creating legal uncertainty.
Pregnant people are explicitly protected from criminal prosecution for ending a pregnancy (the bill bars charging a woman for her unborn child's death).
Embryos and fetuses would be legally recognized as persons from fertilization, which supporters say could create new legal protections or standing for fetal harms.
Residents of Washington, D.C., Puerto Rico, and U.S. territories are explicitly treated as 'States' for purposes of the 14th Amendment within this Act, clarifying constitutional applicability for territory residents.
Pregnant people (and people seeking abortions) would face expanded legal restrictions and reduced access to abortion because embryos and fetuses are defined as legal persons from conception.
Medical providers and clinics could face substantial criminal and civil liability for abortion, certain reproductive technologies, or pregnancy-related care, deterring providers and reducing availability of reproductive healthcare.
Access to assisted reproductive technologies (IVF), embryo research, and some contraceptive practices could be restricted or made more costly if embryos are treated as persons, limiting options for prospective parents.
Based on analysis of 3 sections of legislative text.
Declares the constitutional right to life vests in every human being, defining "person" to include the preborn from fertilization or equivalent moment.
Official title: To implement equal protection under the 14th article of amendment to the Constitution for the right to life of each born and preborn human person.
Introduced January 24, 2025 by Eric Burlison · Last progress January 24, 2025
Declares that each human being — including the preborn from the moment of fertilization, cloning, or any other moment an individual of the human species comes into being — is vested with the constitutional right to life and is a “person” for purposes of equal protection and other constitutional provisions. The Act defines key terms ("human person/being" and "State") and states that it does not authorize prosecution of a woman for the death of her unborn child.