Louisiana lawmakers are taking steps to protect in vitro fertilization services after an Alabama Supreme Court ruling that equated frozen embryos to children threw IVF treatments in that state into chaos.
House Bill 833 by Rep. Paula Davis, R-Baton Rouge, would protect IVF providers from criminal and civil liability as long as they are acting in good faith. It would not protect them from liability when gross negligence occurs.
The bill has received bipartisan support from legislators. In addition to Davis, it has 15 co-authors, including Rep. Mandie Landry, a Democrat from New Orleans and one of the most progressive voices in the Legislature.
The House Civil Law and Procedure Committee on Monday sent HB 833 to the full House.
Davis filed HB 833 in response to events in Alabama, she told the House panel. In that state, IVF providers, fearing criminal prosecution, paused treatments after a February court ruling found that three couples whose frozen embryos were destroyed in an accident at a clinic could sue for the death of a minor child.
Alabama state legislators swiftly acted to pass a law to protect IVF, allowing treatments to resume.
In Louisiana, lawmakers are looking to safeguard against what occurred in Alabama.
HB 833 “is very important for me as someone who practices law in this field, as well as a patient of IVF myself, that it afforded me the ability to have a family,” said Katie Bliss, an attorney specializing in IVF contracts who testified before the House panel on Monday. “The purpose of this is to reinstate the protections of the IVF medical practice.”
The state already had a law governing IVF treatment, but it dates to 1986. HB 833 updates that law, “bringing (it) up to speed with what the medical practice is today,” Bliss said.
If Davis’ proposal passes the House, it will still need Senate approval and Gov. Jeff Landry’s signature before it becomes law.
The Associated Press contributed to this report.
Editor's Note: This story has been updated to reflect that the bill has 15 co-authors.