On May 19th, 2022, Oklahoma’s legislature passed a bill that bans abortion starting at conception and is likely to be signed into law by Oklahoma Governor Kevin Stitt. The bill, HB 4327, bans all abortions, except in cases of medical emergencies, rape, incest and sexual assault and only if those incidents have already been reported to law enforcement. Oklahoma’s bill could have a far-reaching impact in other areas of women’s reproductive health such as embryo management, because it defines the beginning of pregnancy as the moment of fertilization. HB 4327 could potentially have a chilling effect on the availability and practice of fertility treatments such as in-vitro fertilization (IVF) and could in effect make it illegal for IVF facilities, clinicians, and patients to freeze or discard embryos created in the process.

According to a 2017 report, more than one million babies were born through the use of IVF or other assisted reproductive technologies in the U.S. In most cases, IVF presumes that embryos will be destroyed during the treatment process, which could be deemed illegal when reading the plain language of the Oklahoma bill. The lack of carve-outs in HB 4327, and other similar laws, for fertility treatments such as IVF could unintentionally complicate access to IVF treatments.

Read the client alert.

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