Where IVF stands in Ohio after the Alabama ruling

Note: Assisted reproductive technology refers to all treatments or procedures that include the handling of human eggs or embryos to help a woman become pregnant; Reproduced from the CDC ; Chart: Axios Visuals

In vitro fertilization led to 2,226 births in Ohio in 2021 — accounting for 1.7% of all births that year, according to the most recent CDC data.

Why it matters: IVF is top of mind for many after the Alabama Supreme Court ruled that frozen embryos created through IVF are children under state law, Axios' Carly Mallenbaum writes .

---

• The Alabama Legislature recently countered by passing legislation to protect patients and doctors involved with IVF.

State of play: While some states are also considering fetal personhood bills , legislative leaders in Ohio have said bills that would ban IVF aren't under consideration, per the Ohio Capital Journal .

• And Issue 1, passed by voters last year, includes language establishing a constitutional right to fertility treatment for Ohio residents.

Yes, but: Advocates for maintaining access to the procedure warn the state's constitutional protections could be undone by a national abortion ban or even an adverse ruling by the Ohio Supreme Court, per the Statehouse News Bureau .

• One state lawmaker, Rep. Gary Click, has proposed fetal personhood legislation in the past and said while he doesn't have immediate plans to revive the bill, " plans do change ."

What they're saying: House Speaker Jason Stephens told the Capital Journal that he's "monitoring any potential ramifications the Alabama decision may have in Ohio" and voiced support for IVF treatments.

Between the lines: IVF patients usually need multiple embryos to ensure just one healthy baby, because the process often involves embryo attrition, Lucky Sekhon , reproductive endocrinologist and infertility specialist at RMA of New York, tells Axios.

• Three or more embryos may be required for a patient to have one pregnancy, Sekhon says.
• Of the embryos that thaw and pass genetic testing, about half to two-thirds lead to pregnancy in an ideal scenario, she says.

By the numbers: Ohio's 11 fertility clinics reported performing 5,526 embryo transfers in 2021, leading to 2,955 pregnancies, per the CDC.

The bottom line: If discarding surplus embryos is restricted, IVF — already expensive and out of reach for many — could become even less accessible.

Sign up for Axios Columbus for free.