Adds to existing law to establish provisions regarding human personhood.
Summary
House Bill 367 creates a new chapter in Title 73 of the Idaho Code called the Human Personhood Act. It defines “conception” as the joining of sperm and egg resulting in a living zygote, defines “human being” as a member of the Homo sapiens species from conception until death, and defines “personhood” as being made in the image of God and endowed with an inherent right to life. The bill then states that Idaho recognizes human existence and full personhood as beginning at conception, and that every preborn child has the rights and facts that accompany personhood.
The bill also declares it to be Idaho policy to cherish and protect the right to life of every human being and directs that state laws be interpreted to acknowledge, on behalf of the preborn child at every stage of development, the rights, privileges, and immunities available to other persons, citizens, and residents. It further states that neither the state nor any local jurisdiction may make laws, rules, or policies that deny or undermine the personhood or inherent right to life of any preborn child. At the same time, it includes a limitation stating that nothing in the section creates a cause of action against a woman for indirectly harming her preborn child by failing to care for herself or follow prenatal care programs.
Impact
If enacted, the bill would add a new chapter to Title 73 and establish a broad statutory declaration that preborn children are persons from conception, with corresponding rights and protections under Idaho law. It would likely affect interpretation of state statutes and policies across multiple areas, especially those involving abortion, fetal rights, civil rights, and any laws or regulations that distinguish between born and preborn human beings. The bill also includes a severability clause and an emergency clause making it effective July 1, 2025.
Sentiment
The available record shows no committee debate or recorded votes, so there is no documented legislative discussion to gauge support or opposition. Based on the bill text alone, it appears to reflect a strongly pro-life, personhood-based policy position and is framed in moral and constitutional language about inherent rights and the right to life.
Contention
The main point of contention is the bill’s sweeping recognition of personhood at conception and its directive that all state laws be construed to extend rights to preborn children. Supporters would likely view this as a protection of unborn life, while opponents would likely argue it conflicts with existing abortion law, creates legal uncertainty, and could affect a wide range of statutes and administrative policies. The bill attempts to limit one possible concern by stating it does not create a cause of action against a woman for indirect harm through self-care or prenatal-care decisions, but that carveout may not resolve broader concerns about enforcement and legal interpretation.