Is IVF protected in Texas? What 2 state lawmakers say
NORTH TEXAS — The Alabama Supreme Court's ruling last month that frozen embryos can be considered children raised questions and alarm across the country, including Texas.
In an interview with CBS News Texas, State Senator Bryan Hughes (R-Tyler) sought to reassure Texans that the right to pursue invitro fertilization or IVF is protected in the Lone Star State.
"If you look at other abortion statutes, and other pro-life laws in Texas, each one has an exception for IVF, for invitro fertilization, so the pro-life laws are very clear, and they are not aimed at invitro fertilization," Hughes said. "It's specifically protected."
State Representative Mihaela Plesa (D-Plano) who's undergoing IVF, blasted the Alabama court's decision.
"Common sense and medicine tell us that children and frozen embryos are not the same thing, and this is a really dangerous precedent that's been set," Plesa said.
Plesa said she's still afraid that the state of Texas could follow in Alabama's legal footsteps and make it more difficult for couples to have children. Last month, she kicked off a petition drive.
"This is about getting the ball rolling about protecting families, protect women in the state now so that we can get to work in January to make sure that not only invitro fertilization but all alternative reproductive technologies are protected in Texas," said Plesa.
Hughes said no organizations or lawmakers have suggested changing state law and that he is not suggesting it either.
"We protect IVF," said Hughes. "My goodness, those are parents who are trying to have children and it's a difficult process. We don't want to get in the way of that. So Texas law is not messing with IVF."
For Representative Plesa, this issue is personal.
"When I started my fertility journey, the number one thing doctors, family, and friends told me was stress, stress is a killer," Plesa said. "You cannot allow your body to get stressed, try to stay relaxed, just enjoy the process, right? Enjoy beginning your family."
When asked how difficult it was for her to decide to go public about her family situation Plesa said, "It's been very difficult, but it's also been very freeing."
The Alabama Supreme Court's ruling came as part of a civil lawsuit brought by couples whose frozen embryos were accidentally destroyed in a storage facility.
Hughes said he believes Texas tort laws address liability of IVF providers, but that the legislature may need to clarify the law during the next legislative session which begins in January.
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