FRANKFORT, Ky. — Actions in Alabama potentially threatening in vitro fertilization, or IVF, have caused lawmakers from both parties in Kentucky’s House and Senate to act. House Bill 757, Senate Bill 301 and Senate Bill 373 all protect the reproductive procedures in the Commonwealth.
State Rep. Daniel Grossberg, D-Louisville, said after an Alabama Supreme Court ruled frozen embryos are considered human beings, he had to protect women’s reproductive rights in Kentucky. House Bill 757 would declare that a human embryo that exists outside of the uterus shall not be considered a person or an unborn child.
“Alabama has definitely opened the door to the fact there are prosecutors at least elsewhere who are willing to prosecute,” Grossberg said. “If you’re a woman or physician, you can reasonably believe that might happen in Kentucky and the chilling effect has stopped many women who previously would have pursued IVF from pursuing it.”
Grossberg said his bill codifies Kentucky law to avoid one of the 120 commonwealth’s attorneys in the state bringing charges against women undergoing IVF treatment or providers.
“The problem is that the way the law is in Kentucky, it’s up to 120 individual commonwealth’s attorneys to determine for themselves whether or not they think that the law says life begins at conception would include the petri dishes,” Grossberg said.
In the senate, State Sen. Cassie Chambers Armstrong, D-Louisville introduced Senate Bill 301. It protects IVF and other alternative reproductive health providers from getting criminal charges brought against them if they continue offering care.
“What we saw happen in Alabama is when that ruling came out, all IVF treatment just stopped those patients who were receiving care suddenly had it cut off,” Armstrong said.
Armstrong said her bill is in direct response to Alabama’s ruling. She said after the ruling in Alabama she has heard from many constituents concerned about the uncertainty of IVF in Kentucky.
“I think everyone understands that IVF is really important to families. It’s really meaningful families to have access to it. Unlike some other conversations we have where it’s tougher to find common ground, I am hopeful this brings everyone together,” Armstrong said.
State Sen. Whitney Westerfield, R-Fruit Hill, also introduced a bill protecting IVF. Westerfield said he believes life begins at conception and that embryos, at least inside the uterus, are a human life. He and his wife have benefited from the treatment and are now welcoming triplets thanks to the procedure.
“It’s important to me. I want to make sure that door is not closed to families who are relying on it,” Westerfield said.
His bill, Senate Bill 373, states any medical provider performing an IVF procedure shall not be criminally liable resulting from the loss of a human embryo except in cases of negligence, willful or intentional conduct.
The bills in both chambers have yet to be assigned a committee.