The Alabama Supreme Court recently shocked the nation when it held that the word “child” includes frozen embryos. Treating an embryo as the equivalent of a child upends the fertility industry, as it threatens to end in vitro fertilization (IVF) services and puts the status of embryos already in storage in serious question.
While these implications are important to untangle, the brunt of the effects of fetal personhood will fall not upon families with the resources to undergo IVF, but rather on poor and non-white women. Every decision made by a pregnant person could be second-guessed by the government. Every step outside of the most risk-averse approach to pregnancy puts the pregnant person under the microscope of the state.