Personhood bill comes with legal dangers
Sydney Stock, Fargo
A deeply troubling bill, House Bill 1373, has been introduced in the North Dakota legislature. This so-called “Personhood” bill aims to redefine the term “human being” within the state’s criminal code to include fertilized eggs — specifically “upon the fusion of a human sperm and egg”. Such a change would have extensive legal consequences, effectively applying criminal protections — including those related to murder and assault — to a fertilized egg.
The potential impact of this bill is staggering. In vitro fertilization (IVF) could become legally risky for both patients and medical professionals, as any handling of embryos might be subject to criminal scrutiny. Physicians could be forced into an impossible position, where following standard medical practices might expose them to legal consequences.
Although the bill claims an exception for “spontaneous miscarriage,” the bill’s language leaves room for uncertainty. Any pregnancy loss could come under suspicion, adding further distress to what is already an emotionally painful experience. This kind of scrutiny could lead to investigations into women’s private medical events, an overreach with troubling implications.
Beyond IVF and miscarriage, the bill could affect countless aspects of daily life. Normal activities like exercise, taking certain medications, or even experiencing high stress could be questioned in ways that are both invasive and frightening. Enforcing such a law would likely be costly and could lead to unconstitutional monitoring of reproductive health.
At a time when many North Dakotans are seeking policies that support reproductive freedom and access to care, measures like Personhood are moving us in the opposite direction. Meanwhile, legislators like Rep. Karla Rose Hanson are working to safeguard access to fertility treatments (HB 1477) and contraception (HB 1478) — issues that remain essential to many individuals and families across the state. The need for these protections is evident. The Personhood Bill is a case in point.