What’s at Stake

In-vitro fertilization (IVF) describes a technique where a female’s eggs and male’s sperm are combined in a special laboratory in order to create an embryo(s). Depending on the diagnosis and age of the woman, an embryo or embryos are transferred to the woman’s uterus through her cervix to enhance the chances of pregnancy.

As of today, IVF is open and accessible in all 50 states and Washington, DC. With Roe v. Wade no longer law and now in the hands of state lawmakers, in the future, some new legislation intended to restrict or ban abortion may include language that is unclear or specifically 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

If these types of bills are introduced, RESOLVE will fight them. 

For more than a decade, states around the country (as well as the federal government) have attempted to pass laws declaring that human life, or “personhood,” begins as soon as sperm fertilizes an egg. These so-called personhood bills could make common fertility treatments like IVF illegal.

RESOLVE opposes personhood bills and any attempt to restrict access to IVF or embryos created through IVF.

Many people who do IVF have embryos that are cryopreserved (in frozen storage) for future attempts at pregnancy.  There are currently no changes in state or federal laws that impact the storage of embryos or what people choose to do with their embryos However, we must remain vigilant as we anticipate that state or federal legislators may try and regulate embryos in the future, which could mean that people would not have complete control over what happens with their embryos.  

Get active and reach out to your state legislators and share your concerns.  Follow RESOLVE’s advocacy information for your state by joining RAN (RESOLVE Advocacy Network). We will notify you if legislation is pending in your state that regulates embryos. By getting to know your state legislators now and telling them your concerns, it will be easier to contact them when legislation is introduced that you care about.

At this time there are no changes in state or federal laws that negatively impact access to IVF, therefore, we have not experienced an increase in the cost of an IVF cycle. However, if legislation passes that regulates embryos, it could make the process of doing an IVF cycle more complicated and may take longer to achieve a pregnancy.  There are many ways that embryos could be regulated; for example, if legislation prohibits the cryopreservation of embryos, then each embryo created would need to be transferred, even if that embryo is not deemed to be the best embryo.  As a result, someone may need to do multiple embryo transfers to achieve a pregnancy. This is just one example of how embryo regulation could negatively affect an IVF cycle and potentially increase the cost.

Join the Fight for Families. Make sure you’re connected with our campaign and on our social media channels to receive the most up to date information on legislation in your state and ways you can take action. 

Since 2008, RESOLVE has tracked more than a hundred state bills that have been introduced at the state and federal level that RESOLVE deems to be “Personhood” legislation, or legislation that confers full human rights to a fertilized egg.  RESOLVE has vigorously fought these bills, activating thousands of advocates across the country.  Our efforts have been successful as no Personhood bills have passed.  RESOLVE has a long and deep history in this area of advocacy.

No. Right now IVF is available and legal in all 50 states and Washington DC. 

The most effective advocates are people who are registered to vote and are constituents of the legislators in the state with the bad legislation.  However, for people who don’t live in that state but want to get involved, you can share RESOLVE’s advocacy information with your friends and family and on your social media outlets, in the event that people in the impacted state see or hear about your concerns.  Public awareness and education is critically important, and everyone can play a role in sharing their concerns and factual information from trusted sources such as RESOLVE.