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New IVF Bill After Alabama



After the Alabama Supreme Court ruled this month that embryos created there through in vitro fertilization, or IVF, should be considered children, one New York lawmaker is responding with legislation.


A new bill aims to prevent a similar decision in New York - and it's sponsored by a Republican.


State Sen. Jack MARTINS, R-Nassau County, introduced the legislation this week.


The bill says fertilized embryos that exist outside the body in any form "shall not, under any circumstances, be considered an unborn child, a minor child, a natural person, or any other term that connotes a human being."

A memo alongside the bill notes that it was written in response to the Alabama ruling, which confused potential parents there about the legal ramifications of using IVF.


Martins said Thursday in a statement to CapCon that the bill is intended to give New Yorkers who seek to use IVF peace of mind.


"IVF treatments are often the last avenue available to make the dream of a family a reality. The Alabama ruling is not only misguided, but it also exacerbates the emotional and physical toll of infertility challenges. This bill sends a clear, strong message, that New York will protect the right of countless individuals to participate in the joys of parenthood," Martins said.

So far, Martins is alone on the bill, but that could change when lawmakers return to Albany next week. Republicans in Alabama may take a different approach by shielding clinics that provide IVF from lawsuits, but that's still up in the air. Some Republicans in that state support the court's ruling.

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