Many state legislatures are seriously considering human embryos at the earliest stages of development for legal personhood. Total abortion bans that consider humans to have full rights from the moment of conception have created a confusing legal domain that affects a wide range of areas, including assisted reproductive technologies, contraception, essential medical care and parental rights, among others.
However, an important biological feature of human embryos has been left out of a lot of ethical and even scientific discussion informing reproductive policy – most human embryos die before anyone, including doctors, even know they exist. This embryo loss typically occurs in the first two months after fertilization, before the clump of cells has developed into a fetus with immature forms of the body's major organs. Total abortion bans that define personhood at conception mean that full legal rights exist for a 5-day-old blastocyst, a hollow ball of cells roughly 0.008 inches (0.2 millimeters) across with a high likelihood of disintegrating within a few days.
