IVF and Fertility Treatment
How recent court decisions and legislation have raised questions about the legal treatment of embryos and access to assisted reproductive technology.
What IVF involves
In vitro fertilization generally involves retrieving eggs, fertilizing them outside the body, and transferring one or more embryos to a uterus. Some embryos may be frozen for later use.
The 2024 Alabama decision
In LePage v. Center for Reproductive Medicine, the Alabama Supreme Court held that frozen embryos could fall within Alabama’s Wrongful Death of a Minor Act. The ruling led to immediate concern among IVF providers and patients about legal liability.
Federal legislation remains an active issue
Congress has considered multiple bills addressing access to IVF and assisted reproductive technology. In the current 119th Congress, proposals such as the Protect IVF Act and Access to Family Building Act have been introduced; introduction does not itself make a proposal federal law.