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HB 518

Unborn children; defined from the moment of fertilization for purposes of certain criminal prosecution, prosecutions for murder and assault of unborn child authorized and further provided for, defense of duress authorized for woman charged with death of her own child

2025 Regular Session Introduced by Ernie Yarbrough

Alabama bill criminalizes harm to fertilized eggs/embryos as murder/assault with duress defense limited to pregnant women, expanding fetal personhood in criminal law.

Read for the first time and referred to the House Committee on Health
#crimes&offenses
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Bill Summary · HB 518

Legislative bill overview

HB 518 would legally define "unborn children" as beginning at fertilization rather than at viability or birth, and would authorize criminal prosecution for murder and assault of an unborn child. The bill includes a specific affirmative defense of duress for women charged in connection with their own unborn child's death, effectively creating different legal standards for pregnant women versus other defendants.

Why this is important

This bill would significantly expand criminal liability for actions affecting pregnancy outcomes, potentially exposing individuals—including pregnant women themselves—to murder charges in miscarriage, stillbirth, or medical complication scenarios. The duress defense provision creates a legally unusual carve-out that acknowledges prosecutorial concerns while raising questions about equal protection and how such prosecutions would function in practice.

Potential points of contention

  • Scope of criminal liability: Unclear whether the murder/assault provisions would apply to pregnant women's own medical decisions, healthcare providers, or only third parties; this ambiguity could chill legitimate medical practice
  • Duress defense limitations: The defense applies only to women and only to "her own child," creating gender-specific legal treatment that may face constitutional challenges
  • Practical prosecution challenges: Determining criminal culpability in medically complex miscarriage and stillbirth cases is scientifically difficult, potentially leading to wrongful prosecutions or prosecutorial inconsistency

Compiled from official sources — confirm details with the bill’s official record.

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