By Anna Puleo
LSU Manship School News Service
The Louisiana House passed a bill Tuesday that changes how the state treats
embryos created through in vitro fertilization.
The bill, which passed 82-14, establishes legal protections and reshapes how IVF is regulated.
The bill originated in the Senate, and an amended version was carried in the House by Rep.
Paula Davis, R-Baton Rouge. It redefines IVF embryos as “juridical persons,” a legal category
that gives them more rights without going so far as to classify them as full legal “children” or
property.
“This is a pro-family, pro-life and pro-parent bill,” Davis said. “No parent should have to cross
state lines to start a family.”
The laws governing IVF have been politically sensitive since an Alabama Supreme Court ruling
in early 2024 raised questions about them, and lawmakers in several states have been scrambling
to codify their support for the practice.
Under the new Louisiana measure, Senate Bill 156, embryos are considered viable unless they
fail to develop within 72 hours after fertilization. Those that do not develop in that timeframe are
classified as nonviable.
This definition was added through an amendment and replaces the state’s previous standard of 36
hours. For embryos considered viable, the bill states that only the intended parents, not doctors or
fertility clinics, can make decisions about their use.
It also bans any IVF contract that includes a clause allowing embryos to be intentionally
destroyed. Those agreements would now be considered legally invalid.
Rep. Aimee Freeman Newell, D-New Orleans, raised concerns about how current IVF laws
apply to single women, whether it is those who choose to become single parents or lose a spouse
during the process. Would they still have access to treatment?
Davis said SB156 is updating Louisiana’s IVF laws to reflect modern realities.
It removes terms like “parental rights,” “married couple,” and “adoptive implantation,” and
makes it clear that embryos can be donated to any individual, not just to married couples.
A similar bill was brought to the floor last year but was returned to the calendar after criminal
and constitutional law experts raised concerns that its language conflicted with Louisiana’s
criminal statutes.
Lawmakers worked with Louisiana Right to Life and legal advisors to revise the language in this
year’s version.
Davis pointed to the controversial 2024 Alabama Supreme Court decision as an example of the
kind of legal uncertainty Louisiana wants to avoid.
In that case, the court ruled that frozen embryos created through IVF are considered “children”
under Alabama’s wrongful death law, granting them legal personhood and allowing wrongful
death lawsuits to proceed.
The ruling came after several frozen embryos were accidentally destroyed at a fertility clinic,
sparking a lawsuit against the hospital and clinic. A trial court initially dismissed the case, saying
embryos outside the womb are not children, but the Alabama Supreme Court reversed that
decision.
That court decision sparked national backlash. President Donald Trump, who was campaigning
at the time, came out in support of IVF access soon after, urging Alabama lawmakers to “act
quickly to find an immediate solution” to keep the procedure legal.
His comments reflected a broader shift, as many Republicans tried to distance themselves from
the Alabama court’s decision and its potential fallout.
Louisiana’s SB156, authored by Sen. Thomas Pressley, R-Shreveport, aims to provide clearer
guidance while protecting embryos under state law, without creating conflicts with criminal
statutes or overextending legal personhood.
The bill now goes back to the Senate for its consideration of House amendments.