State lawmaker undergoing IVF calls on Texas to protect the procedure

A Democratic state representative currently undergoing fertility treatment is calling on Texas to safeguard in vitro fertilization access after the Alabama Supreme Court ruled embryos are children last month.

AUSTIN (Nexstar) — A Democratic state representative currently undergoing fertility treatment is calling on Texas to safeguard in vitro fertilization access after the Alabama Supreme Court ruled embryos are children last month.

Rep. Mihaela Plesa, D-Plano, is trying to garner public support for protecting IVF therapy in Texas, through a petition she created on Tuesday.

Her petition is in response to the Alabama ruling that said frozen embryos have the same rights as children under state law. The court is allowing three Alabama couples who lost frozen embryos in a storage facility accident to sue for wrongful death of a minor, a decision that caused several of the state’s fertility clinics to pause IVF treatments.

“This is having real consequences for women in Alabama. It's having real consequences for women in Texas,” she said. “We have to make sure that we are protecting the golden standard of care for this type of technology, and technological advances in medicine for Texas women.”

IVF is the process of combining sperm and eggs in a lab to create embryos. Doctors then implant multiple embryos in a woman's uterus in hopes that it will result in a pregnancy. After embryos are made, patients are given the option to freeze embryos to use later or to discard them altogether.

Plesa is asking Gov. Greg Abbott and the Republican-dominated legislature to consider codifying protections for reproductive fertility treatments like IVF.

“I've heard a lot from the governor protecting parental rights in the state of Texas,” Plesa said. “I haven't heard so much about protecting the right to be a parent.” 

Gov. Abbott supports IVF, but uncertain about codifying protections

Nexstar asked Abbott if he would support such legislation in the upcoming session next year. Texas legislators only meet every other year to pass laws, according to the state constitution.

“We want to promote life and promote parents having more children and IVF is a pathway there,” Abbott said.

But the governor fell short of endorsing openness to passing protections for the treatment. He stressed how “complicated” the issue is, questioning what would happen to unused embryos if the people who created them died or if the couple divorced, for example.

“This is an issue that the state legislature, not just in Texas, but candidly across the country will take up and evaluate,” he said. "That we can make sure that we get it right, in a way that fully addresses it."

About 19% of women from ages 15-49 struggle with infertility, according to the Centers for Disease Control and Prevention. Approximately 500,000 babies are born per year as a result assisted reproductive technologies.

Other states, Congress grapple with legislation addressing IVF

At least 15 states have proposed or passed laws that affirm “fetal personhood,” the concept that fetuses have the same rights as people.

Meanwhile, Democrats in Congress are revitalizing a push to codify protections for IVF in light of the Alabama ruling.

The bill was first proposed in 2022 by Sen. Tammy Duckworth, D-Illinois. Duckworth brought the legislation back to the floor on Wednesday, but her request to vote on the bill was rejected by Sen. Cindy Hyde-Smith, R-Mississippi, who called the proposal “overreach.” 

On Thursday, Alabama’s House and Senate passed two bills intended to protect patients, doctors and other professionals involved in IVF from prosecution and civil suits in the state. The Legislature still needs to have a final vote on a unified version of the bill before sending it to the Alabama governor's desk.

Plesa said she hopes Texas can “get ahead” of the issue, although the Legislature cannot pass any laws while it is not in session.

“I have not recently heard from any Republican lawmakers on this issue, but I look forward to working with them,” said Plesa. “We need to make women feel like they're heard, they’re seen, but most importantly they’re protected in the state of Texas.”

Capitol Correspondent Monica Madden will have a full report on KXAN at 6 p.m.