I have frozen embryo(s); What do I need to consider?
If you have frozen embryos, it’s completely valid to be thinking about how changing laws — especially around abortion and fetal personhood — could impact your ability to use or manage them in the future.
While frozen embryos themselves aren’t currently restricted in most places, legal uncertainty is growing. In some states, lawmakers and courts are exploring whether embryos should be treated as legal “people.” If that idea — known as fetal personhood — is enacted into law, it could make everyday IVF practices riskier or harder to access.
Here’s what to consider:
Legal Shifts Could Impact IVF
In 2024, the Alabama Supreme Court ruled that frozen embryos created through IVF should be considered legal children. This created widespread confusion and fear around the country, with some fertility clinics even pausing services out of legal concern.
If similar laws expand to other states, it could impact:
Whether clinics are allowed to discard or donate embryos
How embryos are transported or stored
Your ability to make personal decisions about unused embryos
Storage Location Matters
If your embryos are currently stored in a state with restrictive or rapidly shifting laws, you may want to consider transferring them to a more legally protective state. Moving embryos can be expensive and logistically complicated — but it may offer greater peace of mind if you're concerned about future limitations or legal risks.
Planning Ahead Is Key
Talk to your fertility clinic about their policies if laws change
Ask how your embryos are classified and what decisions you’re allowed to make
Consider speaking to a reproductive rights attorney if you’re unsure about the legal climate
The Bottom Line
Right now, you still have options — but the legal landscape is shifting. Taking time to ask questions and understand where your embryos are stored, what your rights are, and how things might change is a smart and empowering step.
It’s a lot to think about, but being proactive and having awareness and a plan will help you stay on top of things and feel more secure about your options.
