Fetal Personhood Creep: What It Is, How It Works, and Why It Matters

Jul 28, 2025 | Reproductive Justice

Illustration of sperm and egg on black background

In a new article published by the University of Iowa, Legal Voice staff reveal the process behind a quiet — and effective — strategy used by anti-abortion extremists.

“Legal fetal personhood” is a dangerous concept that gives fetuses  — and even fertilized eggs — all the rights of people who have been born.

Because the concept of fetal personhood is extreme, its advocates have learned not to argue for it directly. Instead, they engage in “fetal personhood creep” — a covert, incremental, state-based approach to changing the law.

To uncover exactly how this strategy works, Legal Voice Senior Reproductive Justice Counsel Wendy Heipt partnered with former Legal Voice contract attorney Julia Littell. Through their research, they identified four kinds of laws that have gradually advanced fetal personhood:

1. Laws to “Protect” Pregnant People: These laws increase penalties for crimes committed against a pregnant person or crimes that result in pregnancy loss. The goal here is not to protect pregnant people, but to establish the fetus as a separate victim.

2. Laws That Hold Pregnant People Responsible for Pregnancy Outcomes: These laws hold pregnant people responsible for fetal ailments, pregnancy loss, and even behaviors that could have harmed their pregnancies. Altogether, they set the stage for increased behavioral control of pregnant people. In many states, these efforts usually start by penalizing pregnant people who use drugs.

3. Laws Acknowledging Pregnancy Loss as Child Loss: Another common practice is to make death certificates available whenever a pregnancy ends. By establishing that miscarriages and abortions are “people enough” for a death certificate, it becomes easier to argue that they are “people enough” for other purposes.

4. Laws Targeting the Reproductive Rights of Minors: By first making it acceptable to place restrictions on youth, these laws set the stage for broader restrictions in the future.

Ultimately, these four kinds of laws set the stage for attempts to directly establish fetal personhood. Once in place, these laws have serious consequences. The logical outcome is a world where no pregnant person is in charge of any aspect of their pregnancy or their lives.

To learn more about how fetal personhood creep has been deployed, read Heipt and Littell’s new article in “The Journal of Gender, Race and Justice” at the University of Iowa College of Law.

Are you a journalist?

Email media@legalvoice.org to reach our communications staff.

Search News Archive

Related Posts

white pills
Feb 26 2026

Legal Voice Opposes Louisiana Lawsuit Seeking to Restrict Medication Abortion Nationwide

Legal Voice and the National Domestic Violence Hotline submitted an amicus brief opposing Louisiana’s effort to restrict access to medication...
Student in shadow walks between book stacks
Feb 20 2026

A New Phase in Our Campaign to Block Deceptive Initiatives That Harm WA Youth

A court has dismissed our lawsuit challenging Initiative 2081: a deceptive and harmful law that threatened 2SLGBTQIA+ youth, homeless youth, youth...
Rally for abortion rights in US Capitol
Feb 10 2026

Court Signals Constitution May Protect Medically Necessary Abortions, Even After Dobbs

There’s a common misconception about the U.S. Supreme Court’s decision in Dobbs. Many people assume it struck down all constitutional protections...
Jul 28 2025

We’re Fighting the Latest Attack on Maternal Health in Idaho

The U.S. is facing a maternal mortality crisis — and the situation in Idaho is especially dire. One way address the problem is to guarantee health...
Jun 09 2025

Montana Supreme Court Blocks Three Anti-Abortion Laws

Planned Parenthood of Montana and Dr. Samuel Dickman have won their challenge to three anti-abortion laws passed in 2021.

Feb 10 2025

Continuing Our Challenge to a Deceptive “Parents’ Rights” Law

On Feb. 10, we filed an appeal that continues our challenge to Initiative 2081. The initiative is part of a nationwide attack on LGBTQ+ youth,...
Dec 06 2024

Idaho Abortion Travel Ban Partially Blocked

On Dec. 2, the Ninth Circuit Court of Appeals partially upheld a block on Idaho’s abortion travel ban, the first law of its kind in the country. The...
Sep 10 2024

Legal Voice Lawsuit Expands Access to Abortion in Alaska

In the United States, pregnant people regularly rely on advanced practice clinicians (APCs) for reproductive health care. These trusted...
Aug 23 2024

We’re fighting 3 anti-abortion laws in MT — again!

On Aug. 20, we submitted an amicus curiae brief to the Montana Supreme Court in collaboration with our partners.

Jun 27 2024

SCOTUS Punts Decision on Emergency Abortion Care

Today, reproductive justice scored… a delay. For the time being, pregnant people can get emergency abortions in Idaho. In its decision, the Supreme...

Discover more from Legal Voice

Subscribe now to keep reading and get access to the full archive.

Continue reading