- 17 states recognize fetal rights in criminal/civil cases
- Kansas mandates child support from conception starting July 2024
- Florida wrongful death bill could target abortion providers
- IVF clinics face legal risks under new liability rules
Republican-led states are accelerating legislation granting embryos and fetuses legal protections comparable to born individuals. Kansas recently overrode a gubernatorial veto to implement policies requiring child support payments during pregnancy and tax benefits for stillbirths. Florida’s proposed wrongful death bill allows parents to sue for damages over lost embryos at any gestational stage – a measure critics argue could financially burden abortion providers and fertility clinics.
Legal scholars warn these measures lay groundwork for fetal personhood recognition under the 14th Amendment. UC Davis professor Mary Ziegler notes such laws create precedent for nationwide abortion bans by establishing constitutional rights for fetuses. This strategy follows the 2022 Dobbs decision, with 11 states introducing fetal support laws in 2024 alone according to Plural legislative tracking data.
IVF providers face renewed scrutiny after Florida lawmakers revived a bill resembling Alabama’s controversial 2023 frozen embryo ruling. During committee debates, Democratic Rep. Allison Tant highlighted how 1-in-5 IVF pregnancies result in miscarriage – potentially exposing clinics to endless litigation. Medical malpractice insurers report a 40% increase in OBGYN policy cancellations in states with fetal wrongful death statutes.
Regional impacts emerge as Texas sees its first wrongful death lawsuit against abortion pill providers, settled out-of-court in March 2024. Kansas’s expanded tax code now includes $3,200 deductions per pregnancy – a policy duplicated in Missouri and Montana. While sponsors claim these measures support families, Planned Parenthood data shows 68% of affected clinics provide prenatal care, creating legal conflicts for providers.