Puerto Rico Enacts Controversial Law Recognising Fetus as Human Being
Puerto Rico's governor has signed into law a highly contentious bill that officially recognises a fetus as a human being, a move that medical professionals and legal experts warn will have profound and far-reaching consequences for the U.S. Caribbean territory. The amendment, which was approved without any public hearings, has sparked significant opposition from critics who caution it will create widespread confusion and negatively impact the treatment of doctors and pregnant women across the island.
Medical Professionals Voice Grave Concerns
Dr. Carlos Díaz Vélez, president of Puerto Rico's College of Medical Surgeons, expressed grave concerns about the new legislation, predicting it would lead to what he termed "defensive health care." In a detailed phone interview, Dr. Díaz elaborated that the law would bring complex clinical decisions into the realm of criminal law, creating an environment where medical professionals fear legal repercussions for standard healthcare decisions.
He warned that women with complicated pregnancies will likely be turned away by private doctors who fear prosecution, forcing them to seek care either on the U.S. mainland or at Puerto Rico's largest public hospital. Dr. Díaz emphasised that the island's already crumbling health system is completely unprepared for such a dramatic legal shift, stating bluntly: "This will bring disastrous consequences."
Legal Implications and Privacy Concerns
The amended law, introduced as Senate Bill 923, modifies an article within Puerto Rico's Penal Code that defines murder. Dr. Díaz noted that the legislation also allows a third person to intervene between a doctor and a pregnant woman, effectively violating established privacy laws and medical confidentiality. He stressed that entirely new protocols and regulations would need to be implemented to address these fundamental changes, while reiterating that "the system is not prepared for this."
Governor Jenniffer González, a Republican and supporter of former U.S. President Donald Trump, issued a brief statement defending the legislation. She claimed that "the legislation aims to maintain consistency between civil and criminal provisions by recognising the unborn child as a human being." The government noted that the amendment complements existing legislation that classifies as first-degree murder when a pregnant woman is killed intentionally and knowingly, resulting in the death of the conceived child at any stage of gestation.
Opposition and Civil Rights Concerns
While some supporters cheered the amendment signed into law on Thursday, opponents warned that it opens the door to eventually criminalising abortions in Puerto Rico, which currently remain legal. Rosa Seguí Cordero, an attorney and spokesperson for the National Campaign for Free, Safe and Accessible Abortion in Puerto Rico, declared: "A zygote was given legal personality. We women were stripped of our rights."
Seguí outlined numerous potential scenarios arising from the legislation, including whether a zygote or fertilised egg would now have the right to health insurance, and whether a woman who loses a fetus could become a murder suspect. Dr. Díaz echoed these concerns, noting that doctors themselves could potentially be considered murder suspects under the new legal framework.
Among the most vocal critics of the measure was Annette Martínez Orabona, executive director for the American Civil Liberties Union in Puerto Rico. She condemned the legislative process, noting that no broad discussion of the bill was allowed despite the fact that the penal code carries the most severe penalties. Martínez Orabona stated: "There is no doubt that the measure did not undergo adequate analysis before its approval and leaves an unacceptable space for ambiguity regarding civil rights."
She further criticised both the legislative leadership and the governor, declaring: "The legislative leadership failed to fulfill its responsibility to the people, and so did the governor." The law was named after Keishla Rodríguez, who was pregnant when she was killed in April 2021. Her lover, former Puerto Rican boxer Félix Verdejo, received two life sentences after being found guilty in her killing.
