A flurry of executive orders that President Donald Trump signed into place Monday night included one that cemented language at the executive level to delegitimize transgender identities. But within the fold of that order, titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” lay another damaging detail: the elevation of fetal personhood to the national stage.
“‘Female’ means a person belonging, at conception, to the sex that produces the large reproductive cell,” the order reads in part. “‘Male’ means a person belonging, at conception, to the sex that produces the small reproductive cell.”
Unfortunately, there seems to be a misunderstanding by the executive order’s authors: All fetuses have phenotypically female genitalia until they reach six to seven weeks of gestation, at which point some fetuses can start to be visually differentiated as male, according to the National Institutes of Health.
By describing a fetus as a person from conception, Trump has legitimized fetal personhood. Pro-abortion activists have long warned that fetal personhood, an ideology that calls for providing equal human rights to a fetus (even if it’s a cluster of cells), will effectively strip pregnant people of their own rights. The legal language employed by fetal personhood also effectively categorizes any person receiving an abortion at any stage as a murderer.
But the concept of fetal personhood is not only weaponized to limit abortion access—it’s also been leveraged at the state level to restrict in vitro fertilization access for intended parents in places such as Alabama, and even used to limit access to forms of birth control. In May, the Texas GOP attempted to transform fetal personhood into law, claiming that “abortion is not healthcare, it is homicide,” and called on lawmakers to extend “equal protection of the laws to all preborn children from the moment of fertilization.”
Republican lawmakers in Kentucky, Georgia, and South Carolina introduced similar legislation in 2023. All of those bills were defeated, with even some state Republicans deeming them too extreme.