The Legal Status of Embryos in the United States: State-by-State Overview and Future Concerns
The legal status of embryos in the United States varies significantly from state to state. With the Supreme Court's 2022 ruling in Dobbs v. Jackson Women's Health Organization overturning Roe v. Wade and ending the constitutional right to abortion before viability, the legal status of an embryo is the next frontier up for debate when it comes to reproductive rights and bodily autonomy.
This article provides an overview of the legal status of embryos across the 50 states, along with the broader implications for reproductive rights during the current administration. But first, a quick lesson on personhood.
What is personhood?
Personhood refers to the conferring of human rights to humans to embryos or fetuses.
What does "personhood" have to do with IVF?
Personhood and IVF cannot co-exist. Why? Because when embryos are granted the same protections as humans we restrict reproductive endocrinologists, obstetricians, and embryologists in their practice of medicine. Science, education, and data are supposed to guide doctors in their healthcare practice - not politics.
Embryos, Personhood, and Abortion in the United States
States with Enacted Personhood Legislation and Caselaw
Alabama: Alabama wins the prize for bringing personhood to news headlines. In February 2024, the Alabama Supreme Court ruled that frozen embryos are to be treated as children under the law, conferring personhood on embryos in a cryo tank at an IVF clinic, before they are even implanted into a uterus in the hope of achieving a pregnancy. In the aftermath of the Supreme Court's decision, we saw IVF clinics throughout the state close their doors, while patients scrambled to move their cryopreserved embryos to out-of-state clinics. The activism of some incredible humans to push through legislation protective of IVF physicians was successful later in 2024, but the underlying caselaw conferring the rights of children on embryos still exists.
Louisiana: Louisiana has legislation conferring personhood on "unborn children"from the moment of conception. Louisiana also bans abortion entirely, based on the premise that the moment of conception equates to cells entitled to the same legal protections as that of a human person.
Mississippi: Ahead of its time, Mississippi actually passed a personhood amendment to its state constitution in 2011, which defined personhood as beginning at conception. Though it passed, this amendment was never implemented as it was rejected by voters in a statewide referendum. Despite this outright rejection by Mississippi constituents, the state continues to be at the forefront of personhood discussions. The near-total abortion ban in Mississippi is also based on the premise of personhood.
Tennessee: Tennessee has a constitutional amendment tha tdoes not explicitly grant personhood to embryos, but does recognize the state's ability to regulate and limit abortions. Today, there are a number of private groups in Tennessee pushing for personhood legislation, making it an important state to watch this legislative session.
Arkansas: Arkansas passed Act 180 in 2021, which is one of the most restrictive abortion bans in the country and provides that life begins at conception. Arkansas has remained firmly committed to the concept of personhood.
North Dakota: North Dakota passed a personhood amendment in 2014 with the very purpose of conferring personhood on embryos and fetuses from the moment of conception. Although it passed, it has yet to be implemented due to legal challenges. Currently even more concerning in North Dakota is that lawmakers are asking for women who obtain abortions to be charged with murder in their push to pass House Bill 1373. I will be watching this play out with gritted teeth.
Georgia: Georgia's fetal personhood statute defines an unborn child as a member of the species homo sapiens at any stage of development who is carried in the womb. Though this amendment seemingly does not go quite as far as to extend to embryos in cryostorage at an IVF clinic, it isn't so far a reach to assume this will likely be considered by lawmakers in Georgia, especially when combined with the six week abortion ban that is presently enacted.
States with Proposed Personhood Legislation and Pending Cases
Oklahoma: The Abolition of Abortion Act currently proposed in Oklahoma demands that life begins at conception and seeks to prevent anyone in Oklahoma from obtaining an abortion for a life in the womb.
South Carolina:Â Â Personhood bills have been proposed in South Carolina but none have passed. South Carolina's present abortion laws are aimed at limiting access at certain gestational stages of a pregnancy, rather than basing restrictions on abortion on the concept of fetal personhood or embryonic personhood for that matter.
Ohio: A number of personhood proposals have been introduced in Ohio's state legislature over the years, though Ohio does not presently have an enacted personhood statute, it isn't out of the realm of possibilities that one could be proposed soon. I hold on to some hope in that the constituents of Ohio passed a reproductive rights amendment in 2023 specifically to protect IVF and reproductive care.
Michigan: Michigan has experienced a mix of personhood initiatives in recent years, but none have passed. Like Ohio, in 2022 a proposal for a state constituional amendment to enshrine abortion rights was passed by voters, so it seems to be that the tide is turning against the idea of welcoming personhood legislation in Michigan. Also inspiring hope is that after a number of years, the Michigan Parentage Act passed in 2024, to be effective this year.
Kentucky: Kentucky has proposed various personhood amendments, and in 2024 the Kentucky Senate passed a bill that allows for parents to collect child support for unborn children opening the door for personhood ideaology to be proposed. This new legislation coupled with a 2019 constitutional amendment affirming that the state's constitution does not protect the right to abortion leaves Kentucky ripe for personhood legislative proposals this session.
South Dakota: Personhood measures are a constant topic of discussion in South Dakota. With some of the most restrictive abortion laws in the country, many politicians in South Dakota are aligned with the personhood movement.
Wyoming: Wyoming had a failed attempt to pass personhood legislation in 2012, and personhood continues to be a talking point in the state legislature.
Idaho, Utah, Montana, and Virginia all do not have personhood leiglsation at present, but the issue has been presented or considered in each of these state's legislatures. We're sure to see continued discussions in the same vein.
Special shoutout to Colorado constituents who voted down personhood bills in record numbers (around 70%) on three separate occasions.
Concerns About Reproductive Rights in 2025
During this administration's tenure, reproductive rights, the legal status of embryos, and the concept of personhood will remain at the forefront. Amongst a growing number of concerns, here are several that are causing reproductive rights advocates the most stress at present:
Supreme Court Appointments: The appointment of additional conservative justices after the previous appointments are a point of deep concern. The already conservative SCOTUS enabled the rollbacks of Roe v. Wade in Dobbs v. Jackson, allowing states to enact personhood laws, abortion bans, and further restrict reproductive rights.
State-Level Legislation: The current administration’s support for pro-life policies emboldened many state politicans to push for further restrictions on abortion and reproductive care.
Funding for Reproductive Health Services: Changes in federal funding policies will affect organizations including Planned Parenthood which provide essential reproductive health services.
Public Discourse: The current administration's rhetoric surrounding life and personhood influence public opinion and legislative agendas at the state level.
Legal Challenges: Many of the laws passed during this time will face legal challenges, leading to ongoing debates in courts regarding the status of embryos and reproductive rights.
Conclusion
The legal status of embryos and the concept of personhood in the United States is a complex and evolving issue, with significant variations state-to-state. The current administration's policies and judicial appointments have intensified discussions about reproductive rights, leading to increased legislative activity and public discourse on the subject. As these laws continue to be challenged and debated, the future of reproductive rights, the concept of personhood, and the legal status of embryos remain critical issues in American society in 2025 and beyond.