Lawsuits challenging embryo disposal could hinder IVF

An anti-abortion group, Voice for the Voiceless, filed a lawsuit last month against seven fertility clinics in Utah, claiming their disposal of unused embryos violates the state’s wrongful death law. Utah is among four states—Alabama, Louisiana, and Missouri—that have both fetal personhood laws and civil wrongful death statutes, which the group argues could apply to frozen embryos. The lawsuit was brought by attorney Frank Mylar, who also represents an anonymous Utah woman alleging she was not informed about embryo disposal options during her IVF procedure. The legal challenge reflects broader tensions in the anti-abortion movement, where some conservatives advocate for expanding IVF access while others oppose embryo disposal on ethical grounds. The dispute gained national attention in February 2024 when Alabama’s Supreme Court ruled that the state’s wrongful death law applied to embryos, temporarily halting IVF procedures until the legislature intervened to shield clinics from liability. Similar cases are unfolding in Indiana and Ohio, where courts have debated whether frozen embryos are legally classified as people or property. In Kentucky, lawmakers recently passed a bill to protect IVF providers from lawsuits, though legal uncertainties persist. At least 10 U.S. states have laws that could potentially subject embryo disposal to legal challenges, according to Pregnancy Justice, a group tracking reproductive rights. The conflict underscores a growing divide among Republicans, with some supporting IVF expansion—such as former President Donald Trump’s proposed fertility benefits and drug discounts—while others prioritize anti-abortion principles. The outcome of these lawsuits could reshape IVF practices nationwide, forcing clinics to navigate complex legal and ethical dilemmas.