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With Roe V Wade no longer federal law, state lawmakers have the opportunity to introduce new legislation that could have a devastating impact on IVF and the families in need of the treatment.

As of Right now

IVF Is Still Legal

Right now, in September 2022, IVF is legal and available in all 50 states.

Frozen Embryos Are Still Legal

Currently, no state laws impact frozen embryos. American Society for Reproductive Medicine (ASRM) did a legal review of the trigger laws, and none of them impact frozen embryos or the care someone will receive from a fertility clinic.

Genetic Testing Is Still Legal

As of today, anyone can do genetic testing on embryos. New legislation could be introduced that would impact this.

But that can change...

Post Roe V. Wade: The Impact on IVF

Now that Roe v Wade is no longer federal law, state lawmakers have the opportunity to introduce new legislation to restrict or ban abortion. This new legislation may also include vague language that intentionally or unintentionally targets in vitro embryos, including:​

  • The ability to do testing on embryos, such as genetic testing​
  • The ability to freeze embryos​
  • The ability to move frozen embryos across state lines​
  • Embryo disposition​
  • Unintended consequences of harm coming to an embryo​
  • Miscarriages and care rendered to the patient
  • Ectopic pregnancies and care rendered to the patient
  • Conferring Personhood rights on an in vitro embryo​

Understanding Impacts to IVF Care

What is ‘Personhood’ and Why Does it Threaten IVF?

Pinnacle Fertility strongly opposes any measures granting constitutional rights or protections and “personhood” status to fertilized reproductive tissues.

“Personhood” bills and legislation aim to define human life as beginning at the moment an egg is fertilized.

In many states, “personhood” measures are popping up either in legislation or in proposed constitutional amendments. These measures, often using ambiguous and unclear language leaving much up for interpretation, define when life begins and grants legal “personhood” to embryos at varying stages of development. If approved, these measures will have profound consequences for people needing assisted reproductive technology to grow their families.

Potential Ramifications of Personhood Legislation:

  • Commonly used birth control methods could be made illegal
  • A physician’s ability to provide medically appropriate care to those experiencing life-threatening complications due to a tubal pregnancy
  • IVF treatment could be made illegal
  • Personhood measures could greatly diminish patients’ right to make decisions about their own medical care, including autonomy in decision-making over their embryos created as part of the IVF process.

Here's What You Can Do

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Share your story!

Your story matters and sharing it can impact change.
Take to your own social platforms using #SaveIVF, #FightForFamilies, and #Access2IVF

Connect with Fight for Families by RESOLVE and share your story. Your personal story can have a powerful impact on reducing harmful stigmas surrounding infertility and options for family-building.

Contact your local lawmakers and representatives.

You can help make a difference by advocating locally with your lawmakers and representatives. We recommend you share that you care about people with infertility, share your personal story, and share that you want people to have access to the care they need to build their families, and that includes IVF.


Speak up online!

Social Media ToolKits

Many people don’t know or understand that new legislation being introduced has disastrous repercussions for IVF care and patients’ rights to make their own family-building decisions. Use #SaveIVF and #Access2IVF Legal.

Roe V Wade Impacts to IVF Infographic

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Personhood Impacts to IVF Infographic

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