Abortion rights advocates are raising alarms over a new wave of legislation that could allow authorities to charge individuals who obtain abortions with homicide. At least 10 states—Georgia, Idaho, Indiana, Iowa, Kentucky, Missouri, North Dakota, Oklahoma, South Carolina, and Texas—have introduced such bills for the 2025 legislative session, according to the Center for Reproductive Rights.
Most of these states have already imposed strict abortion bans, with exceptions in Missouri and North Dakota, where previous near-total bans were overturned. The proposed laws redefine embryos and fetuses as “unborn children” or “preborn children,” positioning them as potential homicide victims and paving the way for criminal prosecution of those who seek abortions. Some bills also propose removing existing legal protections that prevent pregnant individuals from being charged.
Increasing Push for Criminalization
Lizzy Hinkley, senior state legislative counsel at the Center for Reproductive Rights, describes the trend as “very, very alarming,” noting an increase in such proposals this year. She highlights that several states advancing these bills, such as South Carolina, permit the death penalty, raising further concerns about their implications.
“It’s very much right out of the anti-abortion playbook to introduce bills that seek to control, oppress, and punish pregnant people,” Hinkley said.
Three of the proposed bills—introduced in Indiana, North Dakota, and Oklahoma—have already failed to advance. However, legal experts caution that while the remaining bills face an uphill battle, their persistence signals a shift in the anti-abortion movement’s strategy.
Mary Ziegler, a professor at the University of California, Davis School of Law, notes that these proposals remain relatively unpopular, even among conservatives and anti-abortion activists. “Having said that, they are more likely to pass now than in previous years, and the fact that they keep coming back is significant,” she said.
Growing Criminalization of Abortion
Since the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which ended federal abortion protections, state-level abortion restrictions have escalated. While most anti-abortion laws have historically targeted medical providers, recent developments suggest a shift toward prosecuting individuals seeking abortion care.
On March 17, Texas authorities arrested a midwife on charges of illegally providing abortions—the first such case in the state since the Dobbs ruling. Additionally, a New York-based doctor is facing both civil and criminal charges in Texas and Louisiana for allegedly prescribing abortion pills via telemedicine.
These bills also introduce “fetal personhood” language, a controversial legal doctrine that seeks to grant embryos and fetuses the same rights as people. This concept was reinforced by a recent executive order from President Donald Trump, which stated that the U.S. government recognizes “only two sexes, male and female,” and referenced sex being “assigned at conception.” Abortion rights advocates argue that this language aligns with fetal personhood rhetoric and could be used to justify further abortion restrictions.
The Future of Abortion Legislation
Advocates worry that even if these bills do not pass in 2025, they will resurface in future legislative sessions. Hinkley points to a September report from Pregnancy Justice, which found that at least 210 pregnant individuals faced criminal charges related to pregnancy in the year following the Dobbs decision—the highest number recorded in a single year.
“It doesn’t matter if the bills pass this year; they’ll be back next year,” Hinkley warned. “There was a time when total abortion bans without exceptions for rape, incest, or even a pregnant person’s health seemed unthinkable. But that’s the reality now. This is a harrowing indication of what anti-abortion legislators and activists ultimately want.”
As the legal battles over reproductive rights continue, both supporters and opponents of abortion are bracing for more political and legal fights in the coming years.
