Our Lawyers Are Leaders In Assisted Reproductive Technology Law

Federal legislation to protect the right to IVF fails to pass

On Behalf of | Mar 1, 2024 | Sperm Donation Law

Not everyone can have or wants to have, a child in the traditional manner involving sexual intercourse between a man and a woman. Fortunately, several other options exist.

Unfortunately, some of these options are coming under attack from those who hold a conservative attitude toward these things. 

A group of legislators recently attempted to pass a law that would give federal protection to access to in vitro fertilization (IVF). Unfortunately, those opposed to such a rule gathered together to block it – although many of them claimed they were not actually against access to IVF, but just did not believe the federal court should interfere with individual states’ authority over such matters.

Why does this matter now?

The urgency behind this attempt to pass federal legislation comes on the heels of a ruling by Alabama’s Supreme Court that classifies frozen embryos as people. The law means discarding unused embryos, even if there is a very good reason to discard them, could potentially lead to someone facing criminal charges.

IVF clinics in Alabama have paused treatments, leaving many who were hoping to use IVF or have already embarked on the journey unsure about what the future holds.

As you are probably aware, a ruling in one state can often lead other states which are that way inclined to follow. It could put the hopes of thousands of would-be parents at risk.

If you are considering IVF or another form of Assisted Reproductive Technology (ART), it pays to seek legal guidance to understand more about the current situation in your area.