Reproductive technologies like IVF and surrogacy have revolutionized family-building options. They offer hope and new possibilities to countless individuals and couples wishing to become parents.

Behind these advancements are often nuanced legislative actions that shape access, rights, and protections. These laws are essential for ensuring reproductive choices remain accessible and that all parties are safeguarded. 

In this blog, we’ll shed light on these evolving legislations and explore how they support reproductive autonomy.

Benefits of IVF and Surrogacy 

Before discussing the laws, we must understand the importance of modern reproductive technologies. Below is an overview of the benefits for intended parents, surrogates, and children.

For Intended Parents

Nearly 1 in 6 adults experience infertility, many of whom wish to become parents. Modern technologies offer hope and solutions for these people, empowering them to realize their dreams of raising a biological family.

In addition, IVF and surrogacy help:

• Enable same-sex couples or single individuals to become parents.
• Support family formation across diverse social and cultural backgrounds.

By expanding family-building options, these technologies foster inclusivity and help create loving, stable families for all.

For Surrogates

Surrogacy provides a meaningful way for women to help others build families. With proper legal and medical safeguards in place, it recognizes the empowering aspects of reproductive assistance.

Through these options, surrogates can:

• Receive fair financial compensation where permitted.
• Experience the dignity of aiding others in building families.
• Exercise reproductive autonomy within a regulated framework.

If you have questions about being a donor or a surrogate, you can contact a surrogacy agency and learn more about the process. 

For Children

Children born through reproductive technologies enjoy growing up in diverse family environments that emphasize love and stability. They can:

• Have opportunities for cultural and familial diversity.
• Benefit from legal protections that recognize their parentage.
• Have access to loving intended parents regardless of sexual orientation or health issues.

Ultimately, these advancements ensure every child’s right to a safe, nurturing, and inclusive family environment.

The Role of Legislation in Protecting and Facilitating Reproductive Choices

The use of reproductive technologies is increasing, having reached a high of 9,734 cases in 2022 as reported by the CDC. This trend underscores the importance of enacting legislative measures to regulate the field and protect all parties involved in the arrangements.

Thoughtfully crafted laws can help create transparency, establish legal protection, and prevent exploitation of surrogates, donors, and intended parents. Clear legal frameworks determined by these laws will also define parental rights and ensure ethical and medical standards are upheld.

Anyone interested in learning more can create a bill tracking account and stay informed about the evolving legal landscape of reproductive policies.

The Legislative Background

Following the Supreme Court's 2022 Dobbs decision overturning Roe v. Wade, IVF and fertility providers have faced legal uncertainty in states with restrictive abortion laws. The primary concern centers on how "personhood" and "life begins at conception" language in some state laws might apply to embryos created during IVF, potentially exposing providers to criminal or civil liability when embryos are discarded, stored, or fail to implant. 

This uncertainty intensified after an Alabama Supreme Court ruling in early 2024 determined that frozen embryos qualified as children under state law, prompting several fertility clinics to temporarily pause services until the legislature passed protections. 

While most states have moved to clarify that IVF remains legal, providers continue to navigate questions about embryo disposal, selective reduction, genetic testing, and interstate patient travel in an evolving legal landscape where reproductive healthcare regulations vary significantly by jurisdiction.

Legislative Developments Supporting Reproductive Choice

Several recent legislative actions are quietly shaping the future of reproductive rights and services. Here are some notable examples.

Colorado HB1259

In response to legal challenges elsewhere, Colorado enacted HB1259 to protect and streamline fertility treatments. This act affirms individuals’ rights to make autonomous reproductive choices, including donation, destruction, or use of gametes and embryos, and shields providers from interference.

The law ensures transparency, maintains embryo and donor rights, and affirms the safety of fertility providers. Signed into law in May 2025, this act sets a precedent for robust legal protections in the field.

Main Objectives:

• Broad protections for fertility treatments and embryo/donor rights.
• Safeguards for medical providers’ ability to offer services without interference.
• Transparency measures, such as encouraging donors to update their medical histories.
• Legal clarity on embryo and gamete handling to prevent exploitation.

GA HB428

This bill accomplished two very important additions to the state of Georgia’s law. Firstly, GA HB428 gave clear definitions and explicit specifications for in vitro fertilization, and protected it as a legal right. It also acknowledged the fertility difficulties that aspiring parents in Georgia and in the rest of the country face.

Main Objectives:

• Clarifies the legal right to in vitro fertilization
• Ensures that those wishing to pursue in vitro fertilization have access
• Lay out clear definitions of the process

TN SB449 and HB533

 These bills establish and protect the legal right of individuals to access contraception and fertility treatment services in the state. SB449 and HB533  provide comprehensive definitions of contraception, contraceptives, and fertility treatments (including IVF, artificial insemination, embryo preservation, and genetic testing), and explicitly state that state laws cannot prohibit activities related to these services. The legislation affirms both healthcare providers' right to perform these procedures and individuals' right to receive them, while clarifying that it does not mandate insurance coverage or government funding for these services.

Main objectives:

• Establish reproductive rights
• Protect provider access
• Clarify funding limitations

Participating in Democratic Processes

Advocates, journalists, and policy analysts play vital roles in shaping the laws around surrogacy and the politics of pregnancy. They can engage with policymakers and raise awareness to promote transparency and inclusive policies.

By actively participating through research, testimony, and voting, these influential groups can help create a legal environment that supports reproductive autonomy, diversity, and safety for all families.

Moving Forward With Knowledge and Advocacy

Legislative battles may be subtle, but their impact is profound. If we want to maintain reproductive freedom, we must stay engaged and advocate for inclusive, fair laws. 

As social norms evolve, so must our legal frameworks. Through thoughtful legislation and ongoing education, we can create a society that supports the fundamental right to build families with dignity, safety, and respect.

Jordan McDowell

Writer & Content Strategist

Philadelphia, PA

Cover Image: https://www.pexels.com/photo/selective-focus-photo-of-two-parents-looking-at-their-baby-7919578/