This Act mandates that federal agencies use specific sex-based terms like "female" or "mother" instead of "birthing person" in official communications.
Sheri Biggs
Representative
SC-3
The Protecting Motherhood Act mandates that federal agencies use specific, sex-based terminology such as "mother," "woman," or "female" instead of the term "birthing person" in all official documents. This legislation defines the required terms to ensure consistency in federal communications regarding pregnancy and parenthood.
The Protecting Motherhood Act introduces a strict mandate for how federal agencies describe pregnancy and parenthood. Starting 30 days after it becomes law, every federal agency—from the IRS to the Department of Health and Human Services—is prohibited from using the term 'birthing person' in any official capacity. This includes everything from the fine print on tax forms and healthcare guidance to the digital communications you receive in your inbox. Instead, the bill requires the use of specific terms: 'female,' 'mother,' 'pregnant female,' 'pregnant woman,' or 'woman.' This isn't just about a preference for traditional words; the bill anchors these terms to a specific biological definition, defining a 'female' as someone belonging at conception to the sex that produces the large reproductive cell.
For the average person, this means the language you see when applying for family leave or reading medical guidelines will shift back to strictly gendered terms. If you are a parent or a pregnant individual interacting with a government portal, the options available to describe your status will be limited to the bill’s approved list. Section 2 of the bill makes it clear that this applies to all 'regulations, guidance, forms, or communications.' This creates a uniform standard across the bureaucracy, but it also means that any individual who identifies as non-binary or is a transgender man who is pregnant will find themselves categorized under terms that may not reflect their identity in the eyes of the law.
The bill goes beyond just banning a phrase; it sets a legal baseline for what these words mean. By defining a 'woman' specifically as an 'adult human female' and 'female' based on reproductive cell size at conception, the legislation leaves no room for medical or social nuances. For healthcare providers working with federal grants or researchers documenting maternal health data, this could lead to a disconnect between clinical practice—which often uses more inclusive or specific terminology—and the reporting requirements mandated by the government. It essentially forces a one-size-fits-all linguistic model onto a diverse range of personal experiences and medical realities.
With a 30-day implementation window, federal agencies will have to move fast to scrub 'birthing person' from their systems and update their documents to match the new definitions. This rapid turnaround could lead to administrative headaches, such as outdated forms being rejected or confusion during the transition period for those applying for federal benefits. While proponents of the bill see this as a return to clarity and biological accuracy, the immediate impact for many—particularly those in the LGBTQ+ community—is a sense of erasure in the very documents meant to facilitate their rights and services. It’s a clear example of how a change in 'just words' can significantly alter how different groups of people feel seen or acknowledged by their own government.