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Kentucky state senator files bill to protect IVF in wake of Alabama Supreme Court decision

Senator Cassie Chambers Armstrong has introduced SB 301 which would safeguard IVF providers from criminal liability associated with providing fertility services.

LOUISVILLE, Ky. — A Kentucky state senator has filed a bill to protect in vitro fertilization (IVF) in wake of Alabama’s Supreme Court ruling which said frozen embryos could be considered children under their state law.

Senator Cassie Chambers Armstrong, D-Louisville, has introduced SB 301 which would safeguard IVF providers from criminal liability associated with providing fertility services.

“It basically says that if a doctor or healthcare provider is meeting the standard of care, they’re doing what they’re supposed to be – they’re following the professional norms for providing IVF services, nobody can charge them with a crime,” Armstrong said.

Armstrong called the Alabama decision “scary” for those who have grown or hope to grow their families through IVF. She said she heard from constituents who were worried about the ruling in Alabama happening in Kentucky.

“I began working on legislation, trying to keep it as narrow as possible, just to make sure we are providing that protection to our IVF providers to make sure they can continue this service for families in our community.”

The bill was filed Tuesday during the 2024 Regular Session and Armstrong said she is “excited” to have bipartisan conversations about the issue.

“I think there are folks of both parties who understand this is a really important thing for Kentuckians to have access to,” she explained. “Everyone that wants to grow their family through IVF should have the opportunity to do that.”

Whether the bill advances remains unclear.

Armstrong remains optimistic and hopes to build support along the way.

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