1. The US Supreme Court overturned Roe vs. Wade and the Texas Human Life Protection Act took effect in 2022. This law defines embryos an “unborn child” starting at fertilization and includes embryonic stages. This law bans all abortions unless the mother has “a life-threatening physical condition like an ectopic pregnancy. To date, the Texas abortion law only applies to women who are already pregnant, not to embryos outside the womb.
  2. In 2023, in Antoun vs. Antoun, the Texas Court of Appeals rejected the argument that embryos were children and upheld the definition used in IVF clinic’s consents that defines embryos as “property”.
  3. So far, two of Texas most vocal anti-abortion groups, Texas Alliance for Life and Texas Right to Life have stated that Texas abortions Laws should not affect or prevent IVF treatments, even when embryos are concerned.
  4. However, to date, the term “live unborn child” in the Texas Human Life Protection Act is still undefined and confusing. The Texas Supreme Court may address this issue at any time and a petition for the “protection of IVF embryos” has been filed and is pending.
  5. We will continue to update you in case there is any change in the current law.