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What's Happening with IVF Laws Right Now — And Why Ohio Families Need to Know

  • Writer: Megan Zaner
    Megan Zaner
  • Apr 2
  • 4 min read

Updated: Apr 20

When I was in the middle of our fertility journey, the last thing I had energy for was following legislation.

I was tracking cycle days and medication schedules and insurance appeals. I was managing my own emotions and trying to protect my marriage at the same time. Politics felt like something happening in a different world from the one I was living in.

But here's what I know now: the laws being written today will determine whether the treatment that helped us build our family is available to the next couple who needs it. And in Ohio right now, that is not a settled question.

This is what's happening — explained plainly, because you deserve to understand it.

Where It Started

In February 2024, the Alabama Supreme Court ruled that frozen embryos created through IVF could be considered children under state law. The result was immediate: IVF clinics across Alabama paused all treatments. Couples in the middle of their journeys had no access to embryos they had already created. No timeline. No answers.

Alabama lawmakers moved quickly to restore protections for IVF providers. But the underlying question — whether frozen embryos have the same legal status as born people — didn't stay in Alabama. It traveled.

The concept is called "embryo personhood." And it matters enormously for IVF because the process, by medical necessity, involves creating multiple embryos. Some won't develop fully. Some will be frozen for future use. Some will ultimately not be transferred. In a legal world where every embryo is a person, those routine parts of standard IVF care could become impossible — or criminal.

What Other States Did

The good news is that many states responded clearly and decisively. In 2025, Tennessee, Georgia, and Colorado all passed legislation explicitly protecting IVF access. Georgia codified the individual right to obtain IVF directly into state law. At the federal level, President Trump signed an executive order directing agencies to develop policies expanding IVF access and reducing out-of-pocket costs.

These were real, meaningful steps. And they matter — because they showed that protecting IVF is not a partisan issue. A 2024 Pew Research survey found that 7 in 10 Americans support IVF access, including 63% of Republican-leaning respondents. People across political lines understand what this treatment means to families.

What's Happening in Ohio Right Now

Ohio is more complicated — and this is the part I need you to pay attention to.

In June 2025, Ohio lawmakers introduced HB 370, legislation that would redefine personhood as beginning at fertilization. Legal experts and Ohio physicians have been direct about what this would mean: IVF, in its current form, would almost certainly collapse under this bill. The bill's own supporters have acknowledged that "the natural consequence of personhood rights for all human beings includes those currently living in petri dishes and cryochambers."

An Ohio OB/GYN specializing in IVF testified against it, asking lawmakers a simple question: if the risk of going to jail is possible doing your daily job, are you going to keep working in Ohio? We could lose not just access to IVF — but the physicians willing to provide it.

As of now, HB 370 has not been assigned to a committee and legislative leaders have not signaled it is a priority. But it exists. It has co-sponsors. And in a legislature with a Republican supermajority, the path to passage — while uncertain — is not impossible.

There is protection. In 2023, Ohioans voted overwhelmingly — nearly 57% — to enshrine reproductive rights into the state constitution. An Ohio appeals court also ruled in 2019 that Ohio law does not recognize pre-implanted embryos as legal persons. The ACLU of Ohio has committed to challenging any personhood legislation as unconstitutional.

But protections can be tested. Challenged. Chipped away. The families navigating infertility treatment today cannot wait years for legal battles to resolve.

Why I'm Telling You This

I started this foundation because I believe financial barriers shouldn't stand between a family and the treatment they need. But financial barriers aren't the only ones.

We had unexplained infertility. We did IUIs. We were heading toward IVF when we took our break. I think about what it would have meant — in the middle of that — to also be navigating the fear that our embryos might not be legally accessible. That our doctor might face criminal liability for doing her job. That the option we were counting on might disappear.

I can't carry that for the families we serve. But I can make sure they know what's happening. And I can ask you to do something about it.

What You Can Do

Contact your Ohio representatives. A five-minute call or email asking them to oppose personhood legislation and support explicit IVF protections in Ohio makes a real difference. Find your state rep at ohiohouse.gov and your state senator at ohiosenate.gov.

Stay informed. RESOLVE: The National Infertility Association tracks legislation affecting fertility care nationwide and in Ohio. Their advocacy alerts are free to sign up for at resolve.org.

Support families right now. While legislation works its way through, real Ohio families are facing real barriers today. A donation to Pursuit of Rainbows at givebutter.com/mhUFS5 helps directly. And if you're navigating infertility in Ohio yourself, our grants are here for you at pursuitofrainbows.org/grant-application.

The families pursuing this dream deserve access, protection, and support. All three. We're not going to stop fighting for all three. 🌈

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