Legislation to protect IVF services in Louisiana moves forward

Louisiana lawmakers are moving a bill to protect in vitro fertilization services in the wake of Louisiana's abortion ban. (Canva image)

A Louisiana House of Representatives committee signed off on legislation Monday aimed at protecting in vitro fertilization services (IVF) locally in the wake of an Alabama Supreme Court ruling that temporarily halted fertility treatment in that state.

Rep. Paula Davis, R-Baton Rouge, filed House Bill 833 to ensure Louisiana residents’ access to IVF. The scientific process creates embryos outside the womb, and they are subsequently implanted inside a person in the hope the person will become pregnant. 

“Our law may not have gone far enough” to protect IVF services in Louisiana, Davis said in an interview.

Katie Bliss, a Baton Rouge attorney who specializes in IVF contracts, said she had concerns the protections in Louisiana’s current laws are “not specific” to fully shield doctors and patients from legal IVF complications. 

Fertility experts warned that 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. 

To ease the passage of the legislation, Davis worked closely with the state’s leading anti-abortion organization, Louisiana Right to Life, to craft her proposal. The bill keeps several provisions favored by anti-abortion advocates in place.

It retains Louisiana’s long-standing prohibition on the destruction of viable embryos, though every other state provides more flexibility for their discarding. Viable embryos are also described as “biological human beings,” with the ability to sue and be sued, in the legislation. 

The Alabama Supreme Court almost wiped out its local IVF clinics earlier this year when it afforded embryos the same legal protections as children. Its ruling triggered national outrage and pushed Alabama legislators to step in and hastily pass a new law aimed at making IVF services legal again.

The Alabama decision also prompted Louisiana fertility doctors to ask Davis to file her bill in Louisiana.

Though it incorporates anti-abortion language, Davis’ bill also legally distinguishes between viable and non-viable embryos. Non-viable embryos aren’t afforded the same protections regarding destruction as those that could lead to a pregnancy.

Viable embryos also aren’t given all the legal rights of children in the bill. They would not be automatically entitled to familial inheritance, for example, upon their parents’ death as children are.

Dr. Nicole Urlich, with Audubon Fertility clinic in New Orleans, said Davis’ legislation would help medical professionals feel comfortable continuing with IVF services in Louisiana. The Alabama decision “shook the foundation of our whole field,” and it would be “difficult to justify practicing here” if protections are not guaranteed, she said.

While Louisiana Right to Life is neutral on the bill, two other influential organizations object to the legislation. The Louisiana Conference of Catholic Bishops and Louisiana Family Forum opposed Davis’ bill in committee Monday morning.

It’s also not clear where Gov. Jeff Landry stands on Davis’ proposal. Davis has sent the bill to his staff but hasn’t gotten any feedback on the legislation yet, she said Monday.

“Oh, which one was that? I didn’t see that,” the governor responded when asked if he agreed with the Alabama court ruling on IVF and frozen embryos. “I hadn’t seen that. … Let me take a look at that.” 

Davis must get approval from the full House and Louisiana Senate for her bill to become law. Landry, as governor, would also have an opportunity to veto the legislation.

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