Prospective LGBTQ+ parents terrified as more states consider fetal & embryonic personhood bills

A new report on fertility legislation has revealed the disproportionate stress it is causing LGBTQ+ people who want to become parents.

The study was conducted by the surrogacy agency SurrogateFirst and found that a whopping 98% of intended parents of all identities are concerned about legislation seeking to restrict family-building services.

Related:

Aetna agrees to provide equal fertility coverage for LGBTQ+ people in landmark settlement

Until now, LGBTQ+ people faced a “queer tax” that heterosexual couples experiencing infertility did not.

The agency commissioned the study in the wake of the Alabama Supreme Court’s ruling that frozen embryos have the same legal rights as children. The court’s February 16 decision created widespread fear that IVF providers could face criminal charges if they mishandle or destroy an embryo.

Stay connected to your community

Connect with the issues and events that impact your community at home and beyond by subscribing to our newsletter.

Daily

Weekly

Good News

Discarding unused or abandoned embryos is a routine part of the IVF process, and the Alabama court even acknowledged that its ruling would effectively end IVF treatment in Alabama. Several major providers in the state halted IVF treatment in response, leaving LGBTQ+ couples, single people, and those who struggle with fertility issues with dwindling access to the most common method of assisted reproduction.

As other states across the country also consider legislation that would define embryos and/or fetuses as people, many prospective parents – especially LGBTQ+ people, who disproportionately rely on assisted reproductive technology to have children – are terrified for the future.

While fetal personhood bills have largely been used to limit abortion rights in the past, many are now worried that right-wing activists and lawmakers are both actively and unintentionally targeting IVF with such laws because judges could potentially use them to ban the procedure, NBC News explained.

The SurrogateFirst study found that 50% of same-sex couples said they are “extremely concerned” about fetal personhood bills, compared to 41% of heterosexual couples. 67% of same-sex couples also expressed extreme concern that IVF and surrogacy could be negatively impacted by these bills, compared to 29% of heterosexual couples.

Surrogates – whom LGBTQ+ people and especially gay men often rely on to become parents – have also expressed significant worries, with 5% saying they are “extremely concerned” that IVF and surrogacy could be negatively impacted by these bills.

68% of intended parents surveyed agreed that fetal personhood laws will have a larger impact on same-sex parents than other parents, with 15% remaining neutral and only 17% disagreeing.

51% of the surrogates surveyed also agreed that fetal personhood bills will have a larger impact on same-sex couples, with only 6% disagreeing and 42% remaining neutral. But a majority of surrogates (68%) also said the bills will not impact their efforts to help start a family and that they are “determined to help… no matter what hurdles” they face.

At the moment, the laws have not had major impacts on surrogates, with 91% reporting they have not encountered new challenges due to any recent laws or bills.

This is likely because as of now, there are just three states — Missouri, Alabama, and Georgia — with laws in effect that grant personhood rights to fertilized embryos. Arizona enacted a law granting these rights as well, but it is currently blocked. However, a dozen states have introduced legislation this year that would legally declare embryos as people, confirming many people’s fears about the domino effect the Alabama decision would set in motion.

Further complicating the matter, many states already have laws regarding reproductive rights, but they don’t explicitly consider IVF. Now, lawmakers are reportedly trying to figure out how and if existing state statutes can be interpreted to apply to IVF.

The national outrage spurred by the Alabama ruling made it clear that Americans on both sides of the aisle (including a significant number who are anti-abortion) overwhelmingly support easy access to IVF and other fertility treatments. This has placed Republicans in a tricky position, as these court decisions directly stem from their successful crusade to overturn Roe v. Wade.

Now, as lawmakers debate abortion bans and states increasingly grant legal rights to unborn children, the debate has grown over whether embryos count as human beings or personal property that can be used, donated, or destroyed at will. Republicans are now stuck between trying to assure the majority of Americans they support IVF access while also catering to their more extreme far-right backers who want those who want the destruction of embryos to be considered legally murder.

For example, the Heritage Foundation – a right-wing, anti-LGBTQ+ think tank planning to play a large role in the next GOP presidential administration – recently released a set of preliminary policy recommendations for Congress on regulating in vitro fertilization (IVF). The Heritage Foundation is behind Project 2025, a lengthy set of extreme far-right policy recommendations for the next GOP administration.

But while many conservative states may be hurdling down Alabama’s path, liberal states are doing what they can to protect IVF services.

In March, Illinois Gov. J.B. Pritzker (D) declared his state “an island, a refuge for women across the Midwest who no longer have their rights.” Pritzker has been making it clear that folks in surrounding conservative states are welcome to come to more progressive Illinois for IVF services should their lawmakers pass any restrictions.

And in April, Michigan enacted a landmark law adding crucial protections for LGBTQ+ couples using fertility treatments to build a family.

“The Michigan Family Protection Act takes commonsense, long-overdue action to repeal Michigan’s ban on surrogacy, protect families formed by IVF, and ensure LGBTQ+ parents are treated equally,” Gov. Gretchen Whitmer (D) said in a statement. “Your family’s decisions should be up to you, and my legislative partners and I will keep fighting like hell to protect reproductive freedom in Michigan and make our state the best place to start, raise, and grow your family.” 

Don't forget to share: