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Online Article, November 2025, Sital Kalantry California Law Review Online Article, November 2025, Sital Kalantry California Law Review

Legal Personhood of Potential People: AI and Embryos

American states continue to actively regulate artificialintelligence (“AI”) despite the Trump administration’s efforts to stop them. Idaho and Utah have recently enacted bills that declare that AI is not a legal person. The same states that have enacted anti-AI personhood laws have also adopted laws declaring that embryos are people. Some argue that embryos should be granted legal personhood because they have potential to become people. By the same logic, AI is also a legal person because, as it evolves, some predict that it will share characteristics with humans. How do state legislative representatives justify granting embryos legal personhood, but denying AI the same?

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