Louisiana Legislature advances bill to protect IVF treatments

BATON ROUGE, La. (BRPROUD) – The Alabama Supreme Court ruled that embryos fertilized in IVF treatments that don’t become viable pregnancies could count as wrongful deaths. Seeing the fallout of the now-reversed ruling, a Louisiana lawmaker wanted to put protections in place for doctors in Louisiana.

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“It sort of shook the foundation of our whole field, really. I think everyone was very surprised and upset. But also people paying attention, not all that surprised at the same time, said Dr. Nicole Ulrich, an OBGYN at Audubon Fertility in New Orleans.

The bill steps around amending the state’s current law of personhood beginning at conception. Instead, it removes the liability of doctors if a fertilized embryo does not end up becoming a viable pregnancy within the standard time of 36 hours – which is a common occurrence in the procedure.

“[It’s] clarifying and at the same time providing immunity from civil and criminal liability for our doctors and our patients so that we can again, create life,” said State Rep. Paula Davis, R-Baton Rouge.

The bill still leaves room for lawsuits if there is gross negligence of the doctor during the procedures.

In 2021, 712 children were born through IVF in Louisiana, making up a little over 1% of the births that year according to the CDC.

“There are many very effective treatments that we have that we can use for fertility. But for some couples, the only option is IVF,” Dr. Ulrich said.

After working out some amendments, the powerful anti-abortion rights lobby Louisiana Right to Life remained neutral on the bill.

“Not only the financial toll but also the emotional toll that it does take on couples to me [makes this] fight so worth it. I think that this is a very pro-life bill. We are helping to create families by doing this process,” Davis said.

Davis is feeling confident moving the bill through the legislature as she has met many members who themselves or loved ones have conceived through IVF. The next stop for the bill is the House floor.

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