BOISE, Idaho — A proposed Idaho law is sparking debate over whether changing terminology in state law from "fetus" to "preborn child" would bring helpful clarity or lead to unintended consequences.
House Bill 400 aims to replace "fetus" or "fetus and embryo" with "preborn child" or simply "child" in Idaho statutes. Sponsor Representative Julianne Young argues the change is neutral and clears up confusion between medical and legal definitions.
Young testified on the proposed legislation Monday morning in the House State Affairs Committee.
"I'm a word girl. I'm an English nerd. And I think it's really important when we communicate that we use language that everybody understands," Young said. "I think there's been some confusion that when we use the term fetus in state statute, it means fetus in the common medical understanding, which is not the case."
The committee heard testimony for over an hour from a divided room. Supporters of the idea, like Lanette Jackson, works with a pregnancy loss ministry and agrees that the change reflects common language.
"I have never heard until today anybody refer to their child as a fetus or an embryo," she testified.
However, critics (who were the majority during the public testimony) worry the bill could have unintended impacts on abortion rights and pregnancy.
Dr. Martha Lund, a Treasure Valley obstetrics and gynecology specialist weighed in on the matter.
“By changing language from fetus to pre-born child. Presumably this will mean that the rights of a child will be conferred upon the fetus. This, in turn, potentially makes anyone who miscarries a potential felon,” Lund said.
Mary Mosley with AAUW Idaho also questioned the change in committee. “If this bill becomes law, would abortion become first degree murder? Would miscarriages be investigated as a possible murder? Would a woman be prosecuted for fetal harm if she takes drugs or smokes during pregnancy? Or if she fails to eat a healthy diet?"
"Even more complicated, fertilized eggs in a laboratory might be considered pre-born children," Mosley continued. "Any facility that stores embryos for later implantation could potentially be open to wrongful death suits if the embryo does not survive."
Others involved in the debate also questioned how the law would affect in vitro fertilization (IVF) or if women could face criminal charges for actions seen as endangering a "preborn child."
The committee held the bill for further consideration. The debate reflects the complexity in balancing language, Idaho law, medicine, science and ethics on the deeply personal reproductive issues.
While sponsors assert it is a simple change, opponents argue it could open the door to serious legal situations restricting abortion rights.
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