After struggling for seven years to conceive, Jacqueline Brock finally had a successful round of IVF which resulted in two viable embryos and one healthy pregnancy. However, she and her husband are now concerned about the fate of their remaining embryo, as there is a growing movement to grant rights to fetuses that are commonly attributed to individuals. The couple fears that their options for the embryo may be limited due to this push for fetal rights.
She shared, “Going to outings with our friends became difficult for me as they would either bring their kids or talk about them, and it would make me emotional. I had to stop attending many baby showers and events as I couldn’t handle it physically.”
Her joy quickly transformed into frustration a month later when the Alabama Supreme Court proclaimed that embryos produced through IVF must be regarded as children.
When the ruling came out, Brock couldn’t help but sympathize with the women who had to put their IVF cycles on hold due to the initial confusion. As a result, he became worried about the couple’s remaining embryo since they were hoping to have a second child.
Amid a surge of efforts to pass comparable laws in state legislatures, the decision in Alabama was announced.
The Guttmacher Institute, a non-profit organization that advocates for abortion rights, conducted an analysis revealing that in 13 states, including Iowa, legislators proposed bills during the latest legislative session that could grant similar rights to embryos and fetuses as those afforded to individuals.
Patients like Brock and her husband are concerned about the uncertain legal environment despite Alabama Gov. Kay Ivey’s signing of a law providing protection to IVF a month after the court ruling.
Brock shared that they had a discussion about the next steps they should take regarding their embryo. He mentioned that they deliberated whether they should hire a lawyer to assist them or transfer the embryo to a different state for safety reasons.
‘I just never really, truly believed that that would happen’
According to Kimya Forouzan, the principal state policy associate at the Guttmacher Institute, a research group that advocates for abortion rights, although none of the bills in this group were passed this year, experts predict that similar bills will be introduced in future legislative sessions. This surge of bills is indicative of a pattern in the anti-abortion movement.
She stated that the emphasis has been on limiting various forms of sexual and reproductive healthcare. One approach to achieving this is by introducing personhood into legislation.
An example of this is the bill passed by the Iowa House that aims to elevate criminal penalties for causing the loss of pregnancy without an individual’s consent. Additionally, the bill proposes to replace the term “terminates a human pregnancy” with “causes the death of an unborn child.”
In February, Iowa lawmakers were informed by Danny Carroll, a lobbyist for the conservative group Family Leader, that the change in language would provide a definitive definition of life starting at conception.
Indiana legislators have proposed a bill that would enable pregnant individuals to declare their fetuses as dependents on their state tax returns.
State abortion bans are complicating and confusing reproductive choices, as they continue to shift and change. Iowa is one such state, where a decision is expected in June from the state Supreme Court about whether to allow the 2023 fetal heartbeat abortion ban to take effect.
During a House debate in February, Iowa Republican Representative Skyler Wheeler stated that the definition of an “unborn person” is already present in Iowa’s state law and has not posed a threat to in vitro fertilization (IVF). A photo credit was given to Iowa Public Radio’s Grant Gerlock.
Some medical professionals who offer fertility services are concerned about the impact of the Alabama Supreme Court decision and the resulting upheaval it caused among the state’s IVF clinics, as well as these initiatives.
Dr. Abby Mancuso, an infertility specialist based in Des Moines, Iowa, expressed her disbelief upon hearing the news about the Alabama decision. “I just never really, truly believed that that would happen,” she said.
According to the expert, it is a common practice in IVF to produce additional embryos as a precautionary measure in case of any complications. However, the creation of these embryos can result in damage, as witnessed in the central case that led to the Alabama decision.
Mancuso warned that if embryos are legally classified as children, it could negatively affect doctors and their practices.
She stated that if one is an embryologist or an institution, and they could be held criminally responsible for any harm that happens to these tiny cells, it is a significant concern.
Facilities are at risk of facing civil liability concerns that could result in costly lawsuits and substantial damages.
The upcoming election is anticipated to have a significant focus on debates surrounding the protection of abortion and in vitro fertilization (IVF).
‘It’s hard to really write in exceptions’
Representative Zach Dieken, a Republican from Iowa, stood up for the bill’s change in wording.
He stated that he firmly believes his two-year-old and 13-month-old are individuals, just like any other person. He also shared that his wife informed him of her pregnancy three days ago, and he is convinced that the new addition to their family is also a person.
According to Sarah Wilson, a specialized attorney in fertility and adoption practices, there is a genuine concern regarding the potential consequences of personhood laws.
She stated that creating exceptions to protect families and fertility treatments like IVF while maintaining the belief that an embryo is a person is a challenging task.
Fears of criminal charges
Meanwhile, Wilson has expressed that her clients are undergoing a complex and challenging process, and the additional stress caused by the current situation has further exacerbated their difficulties.
Wilson expressed that instead of the usual hope and excitement, her clients come to her with concern and fear. They are uncertain about the protection of their legal parentage and if they will have the authority to make decisions regarding their medical care.
Wilson’s clients are expressing anxiety over the future of states like Iowa and considering seeking fertility treatment outside of their home state.
Considering their medical circumstances, Jacqueline Brock and her husband are contemplating seeking legal advice from a professional such as Wilson to explore their options regarding their remaining embryo. Medical professionals have informed Brock that she may not be able to carry another pregnancy using the remaining embryo due to her health condition. Therefore, the couple is contemplating alternative solutions such as surrogacy.
In order to avoid any potential legal complications in the future, they are contemplating relocating their embryo to a neighboring state.
