Gov. Jeff Landry ‘reviewing’ IVF protection legislation, along with other bills

A lab tech uses equipment employed for in vitro fertilization
A lab tech uses equipment employed for in vitro fertilization
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A lab tech uses equipment employed for in vitro fertilization in this undated photo. (Getty Images)

Republican Gov. Jeff Landry has not said whether he supports a bill aimed at preserving access to in vitro fertilization (IVF) treatment in Louisiana. Landry spokeswoman Kate Kelly said this week he is reviewing the legislation alongside hundreds of other bills still waiting to be passed by the Legislature.

In March, Landry declined to answer a question from a reporter about whether he agreed with an Alabama Supreme Court ruling that temporarily shut down IVF clinics in that state and sparked national outrage. At the time, he said he was not familiar with the Alabama court’s decision, though it had gained significant national attention

The Louisiana Legislature looks poised to approve Louisiana’s IVF protection legislation, which is a reaction to the Alabama decision. The Louisiana House of Representatives voted 84-16 in favor of the bill last week.

“IVF has been legal in this state. I am not changing that at all,” Rep. Paula Davis, R-Baton Rouge, who sponsored the bill, said during the House debate. 

IVF is a process that allows people struggling with fertility to have biological children. Embryos are created in a lab outside the womb and then implanted into a person or a surrogate carrying a child on their behalf. 

Fertility experts have warned states with strict abortion bans, such as Louisiana, could leave IVF vulnerable to being outlawed. Embryos can fail or be destroyed during IVF, and some anti-abortion advocates equate embryo disposal to abortion. 

Davis said House Bill 833 would insulate doctors, clinics and other health care providers from lawsuits and criminal prosecution in the event that embryos are unintentionally lost. The Alabama Supreme Court almost wiped out IVF services in February when it ruled that frozen embryos were the equivalent of children under state law. 

Davis worked with Louisiana’s leading anti-abortion organization, Louisiana Right to Life, on her bill to ease its passage. Louisiana already has some of the most stringent limitations on IVF in the country, and Davis agreed not to remove any of them.

Under current law, viable embryos stored in Louisiana are not allowed to be destroyed, even if their owners don’t intend to use them to have more children. People who have embryos also can’t sell them; they have to donate them to a married couple.

While Louisiana Right to Life agreed to stay neutral on Davis’ legislation, Louisiana Family Forum, a conservative Christian lobbying group, opposes the bill.

During a short debate in the Louisiana House, state Rep. Raymond Crews, R-Bossier City, asked why the legislation didn’t block IVF clients from moving their embryos outside of the state, where they could be destroyed.

Davis said attorneys believe prohibiting couples from transferring the embryos to another state would be unconstitutional. She didn’t include the provision in her bill because of those concerns. 

Crews voted against the bill.

The Louisiana Senate will take up the legislation next. If passed, it will go to Landry’s desk. The governor could stop the bill from becoming law by issuing a veto.

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