TALLAHASSEE, Fla. — The future of IVF in Florida remains in limbo after two closely watched decisions across the country.
On Thursday, Alabama lawmakers voted to restore I.V.F. access nearly two weeks after the state supreme court ruled that frozen eggs are children. But in Washington on Thursday, Senator Cindy Hyde-Smith, a Republican from Mississippi, blocked a bill to protect I.V.F. at the federal level, leaving it up to states to regulate.
The decisions are being watched closely here in Florida. This week, because of the Alabama fall-out, Florida legislators tabled Senate Bill 476 'An act relating to civil liability for the wrongful 3 death of an unborn child', a controversial bill that would have allowed people to file wrongful death lawsuits over the death of a fetus.
The bill's sponsor, Republican Senator Erin Grall said in a statement, “Although I have worked diligently to respond to questions and concerns, I understand there is still work that needs to be done. It is important we get the policy right with an issue of this significance.”
But as this legislation is "put on ice", local fertility clinics say it's creating anxiety for them, and Floridians who want to grow their families.
"It very much places, couples, and individuals in limbo," Reproductive and Fertility Specialist, Dr. Sandy B. Goodman, said.
Goodman, who practices with The Reproductive Medicine Group, said her patients invest significant money, time, and emotion into the IVF process.
"This is a group of individuals who desperately want to have children. They want to create life," Goodman said.
Goodman said lawmakers have to be very careful when discussing what qualifies as life and take into account the consequences it could have in medicine.
"We cannot go on a slippery slope of saying what is 'potential' is the 'actual,'" Goodman said. "We're taking away the opportunity for couples to have life because we're incorrectly defining what the sperm and egg combination is, which is completely a 'potential' for life."
Reproductive Rights Program Director at Progress Florida, Amy Weintraub, said defining life as starting at fertilization would have widespread impacts.
"That can include, of course, abortion care, but it can also include contraception and IVF and other reproductive health technologies," Weintraub said. "We're also hearing about in highly restrictive states that physicians are feeling like their work is being criminalized and they're no longer willing to stay in those states."
"Politicians getting involved with public health policy is always a bad idea," she added.
Supporters of SB 476 say it comes down to protecting life and allowing expectant parents to collect damages in a wrongful death suit of their unborn child. It's unclear if or when this bill will be revised and brought back for consideration.
The companion bill in the house, HB 651, hasn't been called to the floor for a vote.