The article presents two parallel Polish models of the protection of life in the prenatal phase under criminal law. This differentiation is due to the permissibility of the in vitro fertilization (IVF) procedure and modern diagnostic possibilities. When fetal impairment is detected, the statutes under analysis provide for different consequences depending on the origin of the embryo. The article presents several ways of resolving the axiological disharmony, indicating the reinstatement of the possibility of the termination of pregnancy on the grounds of fetal impairment as the most appropriate.