What's Happening with IVF?

Since the first in vitro fertilization (IVF) baby was born in 1978, the use of fertility technology has boomed in the US; according to the Pew Research Center, 42% of Americans have received fertility treatment or know someone who has.

But for some, accessing those treatments could become much more challenging. Last week, the Alabama Supreme Court ruled that frozen embryos could be legally regarded as children, sparking concerns about the future of IVF. What does the court’s decision mean for women in Alabama and beyond? And why is IVF access important for women? Here’s what we know:

How will the ruling affect women?

The full scope of the impact remains to be seen, but here’s what experts speculate the decision could mean for women in Alabama and beyond:

Fewer IVF providers in the state: While the ruling doesn’t ban IVF, it opens the door for more lawsuits in the future, which could deter fertility doctors from practicing in Alabama. Several IVF clinics have already paused services while they consider the implications of the ruling, and an associate professor at the University of Pittsburgh School of Law predicted that, even if they resume treatments, most providers will no longer store frozen embryos in the state. 

A higher price tag for IVF: Cost is already the biggest barrier to IVF access nationwide, with the average cycle coming in at $23,474 and insurance coverage far from guaranteed. The court’s decision will likely send treatment prices soaring even further as families face increased liability costs and out-of-state storage, or pay for lifelong storage of embryos they won’t be allowed to discard. These higher costs could push fertility treatments out of reach for many families and exacerbate the already disparate access to IVF.

A shortage of reproductive care: Already, over a third of Alabama counties are defined as maternity care deserts, meaning they lack easy access to birthing facilities or providers, and the state has the highest rate of maternal mortality in the US. The situation could worsen if the ruling causes OB/GYNs to flee or deters new doctors from setting up practices in Alabama, risking a dangerous provider scarcity that could force pregnant women and newborns to wait longer or travel farther for care. 

A precedent for other states: The ruling could have national ripple effects if other conservative states follow suit and define embryos as people, threatening IVF and abortion access for women across the country. A religious freedom group is already utilizing the decision as a precedent to contend that a proposed amendment in Florida, aimed at safeguarding abortion rights, will infringe upon "a protected right to life for the unborn."

Zooming out: What does IVF access do for women? 

Unlike other reproductive issues like abortion rights, IVF generally sees widespread support, as demonstrated by the fact that many Republicans were quick to distance themselves from the Alabama decision. The strength of the national reaction to the ruling begs the question — why is the availability of IVF so important?

The advantages of fertility treatments aren’t limited to women — it can be life-changing for men and other gender identities seeking to start families —but women, in particular, stand to benefit from the agency and freedom that fertility treatments allow. Proponents of IVF explain that:

• It extends the diversity of child-bearing women, opening the possibility for those struggling with infertility, LGBTQ+ families, cancer patients, single women, and more. 

• It opens doors for career and education. Childbirth is the biggest reason for the gender wage gap; on average, a woman’s earning potential drops 20% after having children. Increasingly, women have used IVF and other fertility treatments to delay childbirth until later in life, allowing them to establish higher salaries and more senior positions first. Even for those who don’t eventually use IVF, research suggests that simply knowing it’s available makes women more likely to pursue advanced degrees and enter the workforce.

• It eases the emotional toll of infertility. While difficulties conceiving can stem from both male and female reproductive systems, studies show that women bear the majority of the stigma associated with infertility, highlighting the societal belief that women are naturally meant to become mothers and caregivers. For the one in six couples grappling with infertility, IVF provides not only the chance to have children but also relief from the adverse societal and psychological effects, which affect women more significantly.

In conclusion…

Stay tuned in the coming weeks for new developments as the fallout from the Alabama decision continues to unfold. In the meantime, I’d love to hear your thoughts — is IVF a critical women’s rights issue? Are there any other factors or considerations not covered here? Reply to this email or let me know in the comments.

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