Texas lawmaker calls for legal protections of IVF treatments after Alabama Supreme Court ruling

PLANO, Texas — A Democratic Texas lawmaker is pushing for legal protections of in vitro fertilization following a series of events in Alabama she believes could impact reproductive freedoms nationwide. 

“We’ve been told that after the fall of Roe that women like me who have seen infertility issues wouldn’t have to worry about things like IVF or other alternative reproductive technologies being affected,” said Texas State Rep. Mihaela Plesa (D-Plano). 

In February, the Alabama Supreme Court ruled frozen embryos are equivalent to children and their destruction could lead to liability claims filed under the state’s wrongful death of a minor act. The court’s decision prompted fertility clinics to pause IVF services due to legal uncertainty.  

“These need to be intricate, intimate decisions made by a woman, her family and her doctor,” Plesa said. “We are scared that our ability to start families, the precious right to be a parent, to celebrate Mother’s Day and Father’s Day will not come true for many of us if we do not protect the right to reproductive freedoms in Texas.” 

Alabama Gov. Kay Ivey on Wednesday signed into law a new bill that grants civil and criminal immunity when it comes to IVF, which green-lit fertility providers to resume services. 

Critics such as Democratic Sen. Tammy Duckworth of Illinois argued the law doesn’t directly address the Alabama Supreme Court’s ruling related to definitions of what constitutes a child. Duckworth re-introduced a bill that would have provided federal protection for IVF access across the country, but the legislation failed last month. 

Plesa started a petition after the Alabama ruling urging lawmakers in Texas to ensure the legal security of IVF in addition to improving affordability of the service. She’s currently working to draft multiple bills in time for next legislative session. 

“My staff and I are currently looking at legislation that we can file to codify the golden standard of care that patients are currently getting in Texas,” Plesa said. 

Governor Greg Abbott’s office did not respond to KENS 5’s request for a statement on whether he supports legal protections of IVF. In an interview with CNN, however, the governor noted he is for Texans having access to IVF treatments, but stopped short of calling on lawmakers to pass laws to protect the service.

Shortly after the Alabama Supreme Court ruling, a San Antonio fertility clinic began offering up to $2,000 in travel expenses for Alabama residents seeking IVF treatments. 

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