ATLANTA — A bill in Georgia that seeks to formally secure the right to in vitro fertilization (IVF) has received overwhelming support in the state Senate and is now on its way to the desk of Governor Brian Kemp for his signature. The proposal had previously received approval from the House last month, and it is expected that the chamber will give final consent to the bill very soon.
The driving force behind the bill is Republican Representative Lehman Franklin, who garnered bipartisan support for the legislation. Concerns about access to IVF arose after a decision by the Alabama Supreme Court, which declared that frozen embryos might be recognized as children under state law. Franklin, who along with his wife Lorie successfully conceived via IVF after previous attempts and plans for adoption failed, emphasizes the need for the bill to ensure such treatments remain accessible without undue legal interference. The couple is joyously looking forward to welcoming a baby girl this summer.
In response to the legal climate, Franklin stated, “We wanted to find the language to safeguard it so we didn’t have any kind of experience that other states might have had in the past. We want to get ahead of the game and make sure that we’re safe.” Lorie Franklin was present alongside her husband at both the House and Senate sessions when votes were cast.
Despite some conservative reservations due to the discarding of embryos during IVF, Franklin addressed these as separate concerns worthy of future debate. However, legal analysts have noted that Georgia’s existing laws do not pose a significant threat to IVF, unlike Alabama’s legal framework. A number of states have enacted “personhood” laws that extend rights to embryos or fetuses. Georgia’s personhood legislation identifies a fetus as a person and extends rights such as tax benefits and child support to unborn children.
The recent Alabama Supreme Court decision, however, hinged on specific language within the state’s wrongful death statutes and amendments to its constitution made in 2018, emphasizing the “rights of the unborn children.” Following that judgment, Alabama approved a law to protect IVF practitioners from legal repercussions.
Even as this Georgia IVF bill advances, it intersects with recent legislative proposals like House Bill 441, which seeks to categorize most abortions as homicidal acts and recognize fetuses as individuals from fertilization. Though Republican sponsors of this measure supported Franklin’s IVF bill, medical professionals cautioned that such legislation could impede access to IVF.
According to Duke University law professor Jolynn Dellinger, this juxtaposition presents challenges. “Ultimately, I don’t think they’re going to be able to go all the way with personhood and simultaneously protect IVF the way they want to,” she warned. For the current legislative ongoing, however, access to IVF will proceed unimpeded in Georgia, with former President Donald Trump expressing support for IVF, notably through efforts to reduce treatment costs via an executive order.
The steadfast backing from Republican House Speaker Jon Burns has been instrumental, making the protection of IVF a focal point of the legislative agenda this session.