Debates stemming from the reversal of Roe v. Wade have led to challenges to IVF elsewhere, most notably in Alabama, whose top court ruled earlier this year that frozen embryos are human beings and those who dispose of them can be held liable for wrongful death. The state subsequently enacted a law protecting IVF providers from such lawsuits.
According to the Kentucky lawsuit, Kalb is currently paying fees for the storage of nine embryos that were created during a previous IVF process, and she worries that she may be forced to carry a non-viable fetus to term should she choose IVF again. She also worries about being charged with homicide if she chooses to discard the surplus embryos, the lawsuit said.
“We are deeply disappointed by Judge Edwards’ decision to dismiss our lawsuit on the grounds of standing. This ruling overlooks critical issues central to our case, which are of profound importance to countless individuals and families across our state,” Sobel wrote in a public post on the GoFundMe page that sought to raise funds for the plaintiffs’ legal fees. “We should not have to go through the emotional process that is financially costly before we find out we may have to leave the state or face prosecution because we have non-viable pregnancies or embryos we cannot use.”
Kentucky Attorney General Russell Coleman praised the ruling and denied that the abortion law hinders IVF in the state.
“We applaud the Court’s decision to uphold Kentucky law,” Coleman said in a statement on Friday. “Most importantly, the Court eliminates any notion that access to IVF services in our Commonwealth is at risk. Today’s opinion is a welcome reassurance to the many Kentuckians seeking to become parents.”
