Tennessee's wrongful death law does not permit the wrongful death of a viable fetus other than the first live birth. If there is no live birth, the fetus is not considered a “person” and is not entitled to the same protection as people. The Supreme Court stated that “the unborn have never been recognized by law as persons in the full sense”, however some flexibility is considered but viability remains the critical point. Ultimately, the American Fertility Society Ethics Committee Report does not refer to preembryos as either people or property, but rather as a special respect to protect the well-being of potential offspring and create obligations to prevent any harm to those potentially born after the transfer. Therefore pre-embryos occupy a special category that requires respect for the potential of human life. I personally agree with this view, as it serves as a middle ground to determine that pre-embryos do not possess rights like people, but require the same respect due to the potential of becoming a constitutionally protected person. In the case of Roe v. Wade, the state's interest in potential human life justifies regulations that impact the right to procreative autonomy. When a woman successfully enters each of the three trimesters, the state's interest in protecting potential life increases. This differs significantly compared to preembryos