- 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.
- 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”.
- 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.
- 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.
- On February 18, 2025, President Trump signed an Executive Order to make IVF (in vitro fertilization) treatments more accessible and affordable. The order focuses on lowering the costs for patients and improving insurance coverage for these procedures. It directs the government to work within existing laws and funding to put these changes into action. However, the order does not address a recent ruling by the Alabama Supreme Court that considers frozen embryos as “extrauterine children.
- In 2023, Texas enacted House Bill 1649, which requires certain health plans to cover fertility-preservation services for a covered person who will receive medically necessary cancer treatment that may impair fertility. The coverage applies to plans delivered, issued for delivery, or renewed on or after January 1, 2024, and plan-specific limits and exceptions still apply.
- In 2025, Texas amended its abortion laws through Senate Bill 31, including provisions addressing ectopic pregnancy and medically necessary treatment for serious risks to a pregnant patient’s life or major bodily function. These provisions concern pregnancy care and do not resolve the separate legal questions surrounding embryos outside the womb. Because reproductive law continues to change, patients should review current guidance with their fertility specialist and a qualified attorney.
Update on Texas Reproductive Laws
Physician-led perspective on fertility, reproductive health, and family building.