Louisiana lawmakers file legislation to preserve access to IVF treatment

Louisiana lawmakers will take up legislation aimed at protecting in vitro fertilization (IVF)  following a controversial Alabama court ruling that equated frozen embryos to children and temporarily halted fertility treatment in that state. 

Two legislators from Baton Rouge filed bills to protect Louisiana medical providers who offer IVF treatment from criminal charges and lawsuits. 

Rep. Denise Marcelle, D-Baton Rouge, filed House Bill 742 that would give physicians, hospitals and fertility clinics who offer IVF immunity from prosecution and civil penalties. Rep. Paula Davis, R-Baton Rouge, filed House Bill 833 that strikes out existing language in state law assigning embryos the rights of humans.

“This year, we want to continue protecting families that struggle with infertility by protecting in vitro fertilization from unintended consequences following the recent outrageous Alabama court ruling,” Davis wrote in a text message Tuesday. “House Bill 833 builds on national support from conservative leaders by preventing that unfortunate Alabama court ruling from ever happening in Louisiana by protecting Louisiana medical providers who offer IVF treatment from criminal charges and lawsuit abuse.”

The Davis measure removes passages that give “in vitro fertilized human ovum” certain “rights granted by law” and entitled egg cells to sue or be sued. It also stops defining an “in vitro fertilized human ovum” as a biological human being. 

The Republican legislator drafted her legislation in response to the Alabama Supreme Court decision in February that put that state’s IVF services in jeopardy. The ruling drew national outrage and prompted several conservative political leaders across the country to come out in support of IVF.  

In the midst of the backlash, Alabama lawmakers quickly passed a new law last month to shield IVF providers from criminal prosecution and civil penalties, though one of its clinics contends the provision doesn’t go far enough to protect its staff and has declined to resume services.

The fallout for Alabama conservatives also continues. A woman running as a Democrat won a special election to the Alabama Legislature last week on a platform emphasizing reproductive rights, including access to IVF and abortion.

Critics have repeatedly said IVF and birth control are at risk in states, such as Alabama and Louisiana, that outlawed abortion in 2022. But many people who have historically supported abortion restrictions, including Davis, support IVF treatment.

U.S. Rep. Julia Letlow, the only woman representing Louisiana in Congress, said she used IVF to have children with her husband, Congressman-elect Luke Letlow, who died in 2020.

“My family, along with countless others, share the same miracle stories of life through the gift of IVF,” Julia Letlow, an anti-abortion Republican, said on social media in February. “I believe there is nothing more pro-life than giving women the opportunity to grow their families, and I oppose IVF restrictions that limit the opportunity for parenthood.”

Conservative Christian groups may oppose the legislation however. Gene Mills, head of the Louisiana Family Forum, said his organization was still reviewing the two bills, but already had concerns.

“It looks like one of them changes the definition of life, which would be problematic,” said Mills, whose group is influential with many Christian lawmakers.

Where Gov. Jeff Landry stands on IVF is not clear. 

Landry, a Republican, told a reporter last month that he wasn’t familiar with the Alabama Supreme Court’s decision on the treatment, even though it received local and national media attention for weeks.

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