Potential Impacts of ‘Personhood’ Legislation on IVF Access for Aspiring Parents

Adult human female anatomy diagram chartAt home insemination

Emily Wright had always envisioned a bustling household filled with children. However, as she and her partner began their journey towards parenthood, they were met with unforeseen hurdles. After welcoming their daughter through intrauterine insemination (IUI), Emily dedicated the next several years to expanding their family.

Despite her determination, she faced a series of heart-wrenching challenges: thirty-two embryos, four miscarriages, three rounds of in vitro fertilization (IVF), two IUIs, one frozen embryo transfer (FET), and yet, no successful pregnancies. Ultimately, Emily and her spouse had to reconsider their dream of having children biologically.

They are among the 1 in 8 couples confronting infertility, a battle shared by millions. The advancements in reproductive medicine have offered hope, but recent “personhood” bills at both state and federal levels threaten to limit access to these vital treatments.

Since 2008, at least a dozen state-level bills have sought to establish that human life begins at conception. Each of these proposals has met strong resistance from the infertility community, which fears that recognizing personhood could undermine reproductive healthcare. Now, with two federal personhood bills introduced in the current session, advocates for infertility rights are once again preparing to defend their access to family-building options.

In the wake of Nadya Suleman’s high-profile case in 2009, where she delivered octuplets via IVF, medical guidelines surrounding embryo transfers were significantly revised. Suleman’s case raised concerns across the nation, prompting the introduction of the “Ethical Treatment of Human Embryos Act” in Georgia, which aimed to limit embryo transfers while incorporating personhood language.

Dr. Samuel Richards, a reproductive endocrinologist in Atlanta, highlighted that the bill included wording that implied embryos possess rights independently of their parents. This was a strategic move to embed personhood within a larger legislative framework.

While personhood bills are often viewed primarily as efforts to restrict abortion, experts warn that granting embryos the same rights as adults could severely impact infertility treatment practices. Dr. Lisa Green, an advocate for reproductive rights in Oklahoma, cautioned that supporters of personhood legislation often overlook the potential repercussions on IVF practices. “Recognizing embryos as individuals raises complex legal and medical challenges that could hinder our ability to provide care,” she explained.

Statistics indicate that only about 30% of embryos result in live births, with the remainder either miscarrying or failing to implant. Without clear consent protocols for the handling of embryos, IVF clinics may face legal jeopardy for actions as simple as mishandling lab materials.

If these bills become law, the practice of reproductive medicine could revert to outdated methods used in the early days of IVF. Physicians might be forced to rely on gamete intrafallopian transfer (GIFT), a procedure that increases the risk of ectopic pregnancies. This raises critical questions, especially regarding nonviable pregnancies that could jeopardize maternal health.

Current personhood bills are vague and typically lack provisions to safeguard those pursuing IVF. Barbara Collins, President of Resolve: The National Infertility Association, expressed skepticism about the feasibility of including adequate protections for infertility treatments in such legislation. “I’ve never encountered a personhood proposal that effectively safeguards IVF practices,” she noted.

In Virginia, a personhood bill attempted to incorporate protections for IVF, yet the proposed amendments were deemed insufficient. Whitney Anderson, a member of the infertility community, voiced her frustration: “It’s profoundly unjust for legislation aimed at restricting abortions to negatively impact families trying to conceive.”

At the federal level, two personhood bills—H.R.586 “Sanctity of Human Life Act” and H.R.681 “Life at Conception Act”—have been introduced by Representatives Jody Hice and Alexander Mooney, respectively. Although progress has been limited, their introduction has raised alarms among infertility advocates, with many fearing severe repercussions for those undergoing IVF treatment.

For Emily, the experience of navigating infertility was akin to enduring relentless setbacks, each more disheartening than the last. “The thought of having to pause an IVF cycle, with so much at stake, is utterly devastating,” she reflected. The absence of protections for individuals seeking infertility treatments raises serious concerns about the future of reproductive healthcare.

For more information on navigating infertility and reproductive options, visit Women’s Health, or learn more about at-home insemination kits at Home Insemination Kit. If you’re seeking expert guidance, check out Dr. Sarah Mitchell, expert in maternal and fetal medicine.

In summary, as ‘personhood’ bills continue to emerge, the implications for IVF access remain profound. Advocates are raising their voices against potential restrictions that could hinder the rights of couples striving to expand their families through assisted reproductive technology.