Senator Cindy Hyde-Smith of Mississippi blocked a vote on a bill related to assisted reproductive technology in Congress, citing Louisiana’s “common-sense” in vitro fertilization restrictions as an example. However, recent developments in Louisiana show that the protections provided by the state’s 1986 law for unborn life may be changing. A bipartisan group of legislators in Louisiana, influenced by media coverage and concerns about a recent ruling in Alabama, have advanced two bills aimed at updating the state’s laws governing embryos.
The current statute in Louisiana categorizes embryos as “human cells and genetic material” that will develop into an unborn child in utero. Despite being praised for its “common sense” by Hyde-Smith, the 1986 law did not fully address the ethical implications of handling embryos and did little to prevent their creation and destruction.
Loopholes in the existing law allow fertility facilities in Louisiana to destroy embryos under certain conditions, such as nonviability or if stored out of state. The legislation also does not prohibit controversial practices like genetic testing, cryopreservation, or emerging reproductive technologies that could impact the ART industry.
New legislation currently under consideration in the state aims to provide legal protections for fertility professionals involved in the handling of embryos. These bills, written by lawmakers from both parties, seek to shield professionals from criminal or civil liability if they act in “good faith.” However, the bills have faced opposition from organizations like the Louisiana Conference of Catholic Bishops and the Louisiana Family Forum, who argue that the legislation does not adequately address concerns about embryo destruction and shipping.
The proposed legislation, specifically House Bill 833, has drawn criticism for redefining the term “embryo” to exclude references to an “unborn child,” potentially allowing for more leniency in the treatment of embryos. Despite these concerns, the bills have advanced in the state legislature, indicating potential changes to Louisiana’s laws governing assisted reproductive technology.
