Louisiana’s Legislature will not vote on House Bill 833 to enhance protections for patients and doctors using in vitro fertilization. The state’s regular legislative session ends on this Monday at 6:00 p.m. As public and reproductive health reporter Rosemary Westwood with Louisiana Public Radio reports, the bill’s author pulled the proposal unexpectedly last week.
Representative Paula Davis brought the bill after a recent Alabama Supreme Court decision upended access to IVF in that state. It found that embryos are people – and thus an IVF clinic could be liable for wrongful death of a minor.
HB833 would have protected IVF clinics that follow national standards of care from criminal or civil liability. But amendments added by lawmakers who oppose abortion could have made it harder to provide fertility services in Louisiana. One [amendment] explicitly defined embryos as “human beings” – potentially leaving the door open to an Alabama-style ruling.
Dr. Nicole Ulrich is a fertility specialist who helped draft the bill. “We aren't where we want it to be. And so for that reason, it isn't, it doesn't make sense to try to continue at this point.” Davis, a Republican from Baton Rouge, says she intends to bring the bill back next year.
Louisiana has already implemented some of the tightest restrictions on IVF, largely because of concerns from anti-abortion advocates. The disposal of embryos is not permitted by clinics and fertility patients in Louisiana. The embryos must instead be sent to another state to be destroyed. It is the only state with such a limitation.
Note: ART use has been found to be underreported in natality records.
Polling on the issue of IVF reveals strong public support. The Pew Research Center identified 60% to 70% approval for the procedure, including some anti-abortion advocates.
