Lawmakers must protect IVF in wake of Alabama court ruling embryos are children
Infertility is a devastating disease that affects approximately one in five people, according to the Centers for Disease Control and Prevention. In recent years, its prevalence has increased rapidly, such that nearly half of Americans know someone who is struggling to start or grow their family. Within the state of Tennessee, millions of people are directly affected by infertility, whether by the inability to conceive, recurrent pregnancy loss or other reproductive health conditions.
I am proud to serve as a physician adviser to Tennessee Fertility Advocates, a pro-family organization that raises awareness and advocates for all Tennesseans to be able to access the medical care they need to treat the disease of infertility. Tennessee Fertility Advocates brings diverse people together, united in the shared belief that everyone deserves access to affordable, evidence-based health care to treat infertility.
People with infertility in Tennessee and across the country were devastated by the Alabama Supreme Court ruling that established the "personhood" of embryos, a decision that immediately blocked access to family-building treatments for millions of people with infertility in Alabama. I urge Tennessee leaders to consider how similar legislation or legal decisions here may threaten the health and wellbeing of Tennesseans with infertility.
Alabama ruling has great consequences for IVF
Reasonable people may disagree on the precise moment when life begins. But there can be no debate about the consequences of legally declaring personhood for an embryo. This decision jeopardizes the practice of assisted reproductive technologies, including access to in vitro fertilization, for people in our state and across the nation.
Under this ruling, the physician or embryologist in an IVF clinic could be charged with wrongful death in the handling of any embryo that disintegrates or fails to implant. A clinic that honors a patient’s request to donate an unused embryo to research, with the goal of seeking cures for pediatric cancer and other catastrophic diseases, could face criminal charges.
These scenarios represent just two examples out of many, burdening the practice of IVF with untenable liabilities.
I implore the leaders of Tennessee to speak with physicians and IVF experts to understand how assigning personhood to an embryo obstructs provision of high-quality fertility treatment. If discarding embryos is criminalized, physicians and patients will be forced to make choices that limit or avoid freezing embryos, resulting in fertility treatments that are less effective, more expensive and riskier to the health of the mother and the future child.
Tennessee should create pro-family policies to protect IVF
The consequences of the Alabama Supreme Court ruling are equal parts heartbreaking and predictable. If Tennessee follows in the footsteps of Alabama, this decision will directly and immediately imperil the dreams of millions of Tennesseans who wish to build their families.
Far from promoting "pro-life" principles, legislation or a judicial ruling that codifies embryonic personhood will actively harm people who are trying to bring life into the world.
To the leaders of Tennessee: please prioritize the creation of laws, policies and initiatives that are pro-family. Please make thoughtful decisions that safeguard access to high-quality IVF to help Tennesseans bring children into the world, instead of creating restrictions around the definition of an embryo that hinder family-building. Millions of Tennesseans look to you to prioritize the needs and rights of the people of this state by ensuring ongoing access to fertility care.
Erica C. Kaye is the physician adviser to Tennessee Fertility Advocates, a pro-family organization that raises awareness and advocates for all Tennesseans to have access to quality medical care to treat the disease of infertility.
This article originally appeared on Knoxville News Sentinel: Tennessee lawmakers must protect IVF in wake of Alabama court ruling
