In vitro fertilization (IVF) faces an uncertain future in Kansas if the abortion amendment on the August 2nd ballot passes.
The U.S. Supreme Court recently overturned precedent on Roe v. Wade, allowing states to ban abortion. Voters now have a direct say in whether abortion remains legal in Kansas.
If the abortion amendment passes with a “yes” vote, then the Kansas legislature can ban abortion under any circumstance. If the amendment fails with a “no” vote, then abortion remains legal but heavily restricted in Kansas.
What is IVF?
Quoting the Mayo Clinic, IVF “is a complex series of procedures used to help with fertility or prevent genetic problems and assist with the conception of a child.”
IVF involves medication and surgery to implant fertilized eggs in a uterus. It often involves fertilizing multiple embryos to increase the chance of a successful and healthy pregnancy.
The Centers for Disease Control estimates that about 2 percent of annual American births occur via IVF. Americans who use the procedure often face infertility challenges and recurrent miscarriage due to genetic problems.
How do abortion bans affect IVF?
Vague language in state abortion bans threatens IVF. Many bans declare that life begins at fertilization. They criminalize terminating fertilized embryos and the broad wording in many can readily be interpreted as criminalizing IVF. Indeed, doctors are widely concerned that abortion bans might soon be used to ban or limit IVF.
The easy “fix” to safeguard IVF is for politicians to explicitly exempt it from abortion bans. However, many conservative politicians are reluctant to do that.
A recent Washington Post analysis documents that dozens of anti-abortion bills introduced in state legislatures since 2010 fail to explicitly safeguard IVF. That includes Kansas.
This year, a conservative lawmaker in Kansas introduced House Bill (HB) 2746. It bans abortion except in very limited circumstances, with no exception for rape, incest, or many threats to a woman’s life or health. It makes no apparent exception for IVF.
HB 2746 didn’t pass, but the Republican House Majority Leader didn’t rule out considering it in 2023 when speaking to the Kansas City Star.
Why not shield IVF?
National surveys show that only about 15 percent of Americans consider IVF immoral. That minority skews toward Republican-leaning religious conservatives.
Many conservative politicians who are anti-abortion might worry that defending IVF will anger Republican primary voters, perhaps fearing twisted campaign accusations of being “pro-abortion.”
