Woman Suing Texas Over Abortion Ban Will Move Embryos to Another State, Fearing Replication of Alabama IVF Ban

On Feb 25, Amanda Zurawski told NBC News that she was concerned Texas could follow Alabama and effectively ban in-vitro fertilization. To avoid that scenario, she said her family plans on moving their embryos to another state.

Scary times

“Everything about IVF is very anxiety-inducing,” Zurawski said. It’s very scary. It’s very difficult, and rulings like this one in Alabama are just adding another layer of fear and anxiety.”

The ruling

In February, the Alabama state Supreme Court ruled that frozen embryos should be treated the same as children under the law. As such, the destruction of a frozen embryo could result in the person responsible being held liable.

Serious impact

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Multiple fertility clinics in the state suspended IVF treatments in the days following the state Supreme Court’s announcement.

Devastating ruling

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The ruling prompted Zurawski to consider moving her frozen embryos out of Texas. “I don’t want them in a state where a similar ruling could very likely take place,” she explained.

Deep concern

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“My heart is broken for every hopeful parent in the state of Alabama and beyond because this isn’t going to stop in Alabama. This is going to have a snowball effect,” she warned.

Similar comments

Hillary Clinton issued a similar warning several days earlier. The extreme right won’t stop trying to exert government control over our most sacred personal decisions until we codify reproductive freedom as a human right,” she claimed.

Religious influence

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Alabama state Supreme Court Chief Justice Tom Parker wrote the concurring opinion in the case, using heavily religious language to justify the decision. He argued that “human life cannot be wrongfully destroyed without incurring the wrath of a holy God, who views the destruction of His image as an affront to Himself.… Even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory.”

Popular practice

Between 1987 and 2015, assisted reproductive technologies — which includes IVF — helped parents give birth to over one million babies. A single cycle of IVF usually costs between $10,000 and $15,000, and multiple cycles are often required before a successful pregnancy is achieved.

Ongoing lawsuit

Zurawski is one of several lead plaintiffs in an ongoing lawsuit against Texas. The suit was launched to challenge the state’s abortion ban, which prohibited the medical procedure in all cases except to save the mother’s life or prevent severe damage to bodily function.

Personal history

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Zurawski said that she nearly died as a result of this ban in August 2022. At 18 weeks pregnant, she started having terrible complications, but doctors allegedly refused to perform an abortion.

Terrible consequences

As a result of the doctors’ refusal to perform an abortion, Zurawski developed a major infection, eventually having to battle with sepsis, which can be life-threatening. Doctors did finally perform an abortion, but Zurawski still had to spend days recovering in the intensive care unit.

Justifiably angry

“It’s absolutely terrifying,” Zurawski told NBC News. “But it’s also so infuriating because the same people who support the bans that nearly killed me are also in the same camp, who are now trying to make it harder for people like me to have a family.”

Dodging the question

Multiple Republicans, including House Speaker Mike Johnson, have claimed to support IVF despite actively sponsoring bills that would effectively ban the practice. When Texas Governor Greg Abbott was asked if the state would enact a ruling similar to Alabama’s, he refused to answer.

Making things more difficult

“I think about the folks in Alabama who may be considering doing the same thing, and it’s not an option for everyone,” Zurawski told NBC News. “IVF in and of itself is already extremely expensive. And then, to add an additional layer of potentially needing to transport them. It’s just another expense. It’s more logistics. It’s more unknowns.”

Keeping her family safe

Zurawski refused to reveal where she planned on moving her embryos, arguing that secrecy was necessary to protect them. “It’s to protect anyone who could be involved in our family planning,” she explained.