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States Consider Fetal Personhood Laws Amid Abortion Debate

Anti-abortion protesters gather outside the Supreme Court in Washington, June 24, 2022. A recent Alabama Supreme Court ruling that frozen embryos are legally protected children is highlighting

The recent Alabama Supreme Court ruling that frozen embryos are legally protected children has brought attention to the broader implications of granting legal and constitutional protections to embryos and fetuses. This ruling has sparked discussions on the idea that a fetus should have the same rights as a person, leading to various legislative proposals across the U.S.

Lawmakers in at least six states have introduced measures similar to a Georgia law that allows women to seek child support back to conception and claim income tax deductions for dependent children before birth. Utah also enacted a pregnancy tax break last year, with similar measures under consideration in four other states.

Several dozen proposals promoting fetal personhood, including laws making harming or killing a fetus a crime, are pending in at least 15 states. These proposals aim to provide legal protections to embryos and fetuses on par with those of pregnant women.

Abortion opponents argue that measures such as income tax deductions and child support proposals are driven by compassion for vulnerable women and girls. They believe that offering support to pregnant women could dissuade some from seeking abortions and provide assistance to those who choose to continue their pregnancies.

While some view these measures as meaningful aid, abortion rights advocates argue that they do not address the broader social and economic challenges faced by pregnant women and their families. They suggest expanding social services, improving access to healthcare, and mandating paid family leave as more effective ways to support pregnant individuals.

Despite the push for fetal personhood measures, some legal experts believe that these proposals could influence the U.S. Supreme Court's conservative majority to consider the constitutional rights of fetuses and embryos. States like Alabama, which have amended their constitutions to protect the rights of the unborn child, are at the forefront of this debate.

While broad fetal personhood proposals are pending in multiple states, there is skepticism about their popularity among voters who support abortion access and in vitro fertilization. The long-term goal for abortion opponents may be to seek federal recognition for fetal personhood, although the path to achieving this remains uncertain.

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