Casey Lee had always envisioned a big family. As she and her partner embarked on their journey, they were unprepared for the hurdles ahead. After welcoming their daughter via intrauterine insemination (IUI), Casey spent the next seven years trying to provide her with siblings.
Thirty-four embryos, five miscarriages, three rounds of in vitro fertilization (IVF), two IUIs, one frozen embryo transfer (FET), and still no viable pregnancies later, Casey and her partner closed the chapter on their quest to expand their family using their own genetics. They are among the 1 in 8 couples who will encounter infertility at some point in their lives. Like millions of others, Casey benefited from the advancements in reproductive medicine. However, these advancements are now under threat from state and federal “personhood” bills.
Since 2008, over ten bills have been introduced at the state level aiming to define human life from the moment of conception. The infertility community has consistently opposed these bills out of concern that such definitions could jeopardize reproductive medicine. All previous state-level attempts have been defeated, but with two new federal personhood bills introduced this year, advocates are bracing for another fight to protect their rights to family building.
The Impact of ‘Personhood’ Legislation
In 2009, Nadine Harlow, known as “Octomom,” gave birth to eight children through IVF after transferring 12 embryos. This extreme case led to her doctor losing his medical license and prompted the American Society for Reproductive Medicine to revise its embryo transfer guidelines. It also caught the attention of lawmakers in Georgia, leading to the introduction of the “Ethical Treatment of Human Embryos Act,” which sought to limit the number of embryos implanted during a cycle and included language defining personhood.
“The bill contained a clear statement asserting that an embryo is inherently a human life with rights independent of the parents,” said Andrew Thompson, MD, a reproductive endocrinologist in Atlanta. “It was their attempt to subtly introduce personhood into legislative language,” he added.
While personhood bills are often viewed as measures to restrict abortions and challenge the Supreme Court’s Roe v. Wade ruling, experts warn that granting rights to embryos could hinder both practitioners and those seeking infertility treatments. Eli Bennett, MD, a reproductive endocrinologist in Oklahoma City, advocates for patients in a state likely to pass such legislation. “Many supporters of personhood bills are misinformed about the potential consequences,” Bennett stated. “Equating embryos to adults creates numerous scenarios that jeopardize IVF practices.”
Bennett noted that only about 30% of embryos will result in live births, with the remainder either miscarrying or failing to implant. The inability to consent to assisted reproductive technology could lead to situations where unimplanted embryos are perceived as at risk. “It could deter labs from performing IVF, as technicians would fear being accused of murder over minor mishaps,” he added.
Potential Consequences for IVF Practices
Beyond the potential shutdown of IVF practices, personhood legislation would alter how reproductive endocrinologists approach their work. “We could end up freezing more unfertilized eggs and only fertilizing those we intend to transfer, reducing pregnancy rates and increasing costs for patients who would need more cycles to achieve success,” said Thompson. If a personhood bill were to pass, it could set back IVF advancements by decades, forcing reliance on outdated methods like gamete intrafallopian transfer (GIFT), a surgical procedure that raises the risk of ectopic pregnancies.
Ectopic pregnancies, which occur outside the uterus and can endanger the mother’s life, pose additional ethical dilemmas. “What do we do about ectopic pregnancies that threaten the pregnant person’s health, where medical intervention might be seen as terminating a life?” Bennett questioned. Such dilemmas remain unaddressed in current personhood legislation, much of which lacks detailed protections for individuals seeking IVF.
Barbara Collins, president and CEO of Resolve: The National Infertility Association, expressed skepticism about any personhood bill providing adequate protections for those pursuing or providing infertility treatments. “In my experience, there has never been a sufficient safeguard for IVF in such legislation,” she noted. “When attempts have been made to amend these bills, the efforts often fall short.”
In Virginia, for instance, a personhood bill attempted to include IVF protections but was deemed inadequate. “It’s disheartening and unjust to let legislation aimed at addressing unwanted pregnancies severely impact the rights of those dealing with infertility,” argued Whitney Davis, who opposed Virginia’s measure. “I shouldn’t have to fight for my access to safe and effective treatments for my condition,” she added. After passing through committee, the bill ultimately failed in a special Senate vote.
Current Legislative Landscape
Currently, two federal personhood bills are under consideration: H.R.586, the “Sanctity of Human Life Act,” sponsored by Rep. Jody Hice (R-GA), and H.R.681, the “Life at Conception Act,” backed by Rep. Alexander Mooney (R-WV). Although progress has been limited, the support behind these bills—29 co-sponsors for H.R.586 and 62 for H.R.681—has raised alarms among infertility advocates. “Going through infertility felt like being knocked down repeatedly, only to have to rise again and again,” Davis reflected. “I can’t bear the thought of being in the midst of an IVF cycle, filled with hope, only to have to stop and lose thousands of dollars out-of-pocket.” Neither of the bills offers protections for those seeking infertility treatments, and H.R.586 notably states that human life encompasses all methods of fertilization, equating lab-created embryos with those conceived naturally.
“Infertility was one of the toughest experiences my partner and I have faced,” Casey concluded. “Ultimately, we just want the freedom to make medical choices with our doctors, free from political interference that complicates already stressful situations.” For additional insights on this topic, check out this excellent resource for pregnancy and home insemination.
In summary, the ongoing battle over personhood bills poses significant risks for aspiring parents seeking IVF treatments. As advocates work to protect their rights, the future of reproductive medicine hangs in the balance.