London Daily

Focus on the big picture.
Thursday, Oct 01, 2026

Experts say Amy Coney Barrett's nomination could threaten IVF. Here's why.

Experts say Amy Coney Barrett's nomination could threaten IVF. Here's why.

The judge has a history of supporting anti-choice groups that believe life begins at fertilization and seek to criminalize aspects of IVF.

If Amy Coney Barrett is seated on the Supreme Court, the implications for reproductive rights will extend far beyond birth control, Eve Feinberg, MD, told Business Insider last week.

The judge has a history of supporting anti-choice groups that promote the belief that life begins at fertilization, or "fetal personhood," and seek to criminalize aspects of in vitro fertilization.

During her confirmation hearing, Barrett has evaded questions about her views on IVF and whether she would move to overturn Roe v. Wade. When asked whether criminalizing IVF would be constitutional, she replied that she couldn't "answer questions in the abstract."

Still, Barrett's association with anti-choice groups like Right to Life Michiana - a group whose stance against discarding unused embryos created in the IVF process is considered extreme even in anti-abortion circles - is enough to raise concern among fertility experts.

"The seating of Amy Coney Barrett to the Supreme Court threatens those who seek to build a family through in-vitro fertilization," Feinberg and co-editors of the journal Fertility and Sterility wrote in a letter published last Monday.

They worry that if Barrett supports legislation that recognizes every embryo created during IVF as a legal person, performing standard procedures involving those embryos could put physicians at risk for criminal violation.

Personhood legislation could criminalize genetic testing and freezing embryos


It's unlikely that personhood legislation would result in IVF being outlawed entirely, but it would make it "incredibly difficult" for physicians to perform assisted reproductive technology to the current standard of care, said Barbara Collura, president and CEO of RESOLVE: The National Infertility Association.

"If you are stating that an embryo is a person, then many things that occur in an IVF laboratory become extremely difficult," Collura told Business Insider.

In a typical IVF treatment, doctors will try to fertilize as many embryos as possible because not every embryo results in a live birth, Collura said. After fertilizing the embryos in a lab, the doctor will freeze them all and often order genetic testing to rule out abnormalities that could lead to pregnancy loss or stillbirth.

From there, the doctor would thaw and implant the embryos one at a time until one results in a successful pregnancy.

If the embryos have the right of legal personhood, standard procedures like genetic testing and cryopreservation, or freezing, could be called into question because there's a small chance of harm to the embryo.

Some personhood bills proposed at the state level have been written under homicide statutes, Collura said, meaning that a lab worker who inadvertently damages an embryo while unfreezing it could even be charged with manslaughter.

Discarding unused embryos would also be a crime under personhood laws


After a family is finished with IVF, they have the option of saving unused embryos for future attempts at pregnancy, donating them to science, or discarding them. Collura said some people just leave the embryos frozen if they can't make a decision.

In some situations, people may want to discard embryos that have tested positive for a genetic disease that would affect the viability of the pregnancy.

"Not every embryo leads to a live birth," Feinberg previously told Business Insider. "I think women who have embryos that are positive for a genetic disease should not be forced to transfer those embryos. And I think that in certain situations, discarding of embryos is morally acceptable."

Certain anti-choice groups, like Right to Life Michiana, equate discarding embryos to abortion.

In an interview with The Guardian, the group's executive director Jackie Appleman said: "Whether embryos are implanted in the woman and then selectively reduced or it's done in a petri dish and then discarded, you're still ending a new human life at that point and we do oppose that."

Not all abortion adversaries are against IVF


At this point, no one knows how Barrett would vote on Roe v. Wade and associated personhood bills if she's confirmed to the Supreme Court.

It's not a given that someone who supports personhood legislation would be against IVF, Collura said. She's spoken with "staunch, publicly pro-life state legislators" who, when faced with the implications of personhood for IVF, reevaluated their views.

"It just goes to show you that you can have people who are pro-life and have this pro-life record as a legislator, yet, a lot of times, they'll say personhood goes too far," Collura said.

Newsletter

Related Articles

0:00
0:00
Close
Southwest England Faces Flood Alerts After Heavy Autumn Storms
UK Expands Funding for Rapid Electric Vehicle Charging Infrastructure
Welsh Government Approves Funding to Upgrade South Wales Transport
Northern Ireland Tensions Rise as Orange Order Rejects Drumcree Compromise
NHS Leaders Back Early Design of Proposed National Care Service
More Than One-Third of Regional UK Universities Face Financial Deficits
UK Current Account Deficit Narrows as Cross-Border Financial Flows Remain Strong
Bank of England and FCA Issue New Rules for Stablecoins and Digital Assets
MI5 Warns UK Universities Over Research Links With Chinese Institutions
UK Energy Price Cap Rises 4% as Electricity VAT Is Temporarily Suspended
Equity Calls for UK Personality Rights to Protect Performers From AI Replication
OpenAI Pauses Advanced Model Training Following Safety Concerns
Scottish Government Proposes Replacing 32 Councils With Larger Regional Authorities
Ofgem Raises UK Household Energy Price Cap by 4% From October
UK Counter-Terrorism Police Continue Investigation After Five Arrests Near RAF Fairford
OECD Cuts UK 2027 Growth Forecast to 1%
Labour Says State Pension Triple Lock Remains Protected Through Current Parliament
Andy Burnham Pledges National Care Service With Free Social Care in England
Six Flags Permanently Shuts Landmark X2 Roller Coaster Following Safety Scandals
Metropolitan Police Rule Out Terrorism in Golders Green Stabbing Investigation
Lithium-Ion Battery Identified as Cause of Fatal Merseyside House Fire
UK Department Rejects New Sea Use Framework Due to Stakeholder Fatigue
Major Thames Water Pipe Burst Causes School Closures in London
Aldi Commits £900 Million to Expand UK Supermarket Network
Scottish Affairs Committee Warns Skills Shortages Threaten Defence Sector Expansion
Parliamentary Committee Warns Northern Ireland Budget Deadlock is Stalling Economic Growth
NHS Hospitals in England Face Severe Shortages of Essential Medications
Home Secretary Signals Major Overhaul of UK Immigration and Leave to Remain Policies
Chancellor Promises New Job Schemes Alongside Strict Fiscal Discipline
Energy Secretary Proposes Taxpayer-Funded Green Transition and National Electricity Grid
UK Government to Renationalise Avanti West Coast Railway Franchise in March
Prime Minister Andy Burnham Pledges Major Social Care and Infrastructure Reforms
Five Suspects Released on Bail Following Alleged Bomb Plot Near RAF Fairford
UK Diesel Prices Hit Record High of 199p Per Litre
Transport for Wales and Network Rail Complete Electrification of South Wales Metro
Defra Expands Incentives for Sustainable Farming and Biodiversity in England
Northern Ireland Executive Approves Funding Package to Resolve Public Sector Pay Disputes
Universities UK Warns of Financial Insolvency Risks for Higher Education Institutions
UK Prisons Activate Emergency Protocols to Manage Capacity Pressures
UK Government Establishes New Safety Standards for Frontier AI Models
Home Office Tightens Skilled Worker Visa Requirements and Dependent Rules
Ministry of Defence Restructures Royal Navy Frigate Procurement to Prevent Overruns
UK Government Mandates New Housing Targets to Address National Shortage
UK and Scottish Governments Reach Agreement on North Sea Energy Transition
NHS Launches Digital Overhaul to Reduce Surgical Backlogs in England
Bank of England Holds Interest Rates as Service Sector Inflation Persists
UK Chancellor Announces Fiscal Consolidation Measures to Stabilize National Debt
RNLI Chief Executive Condemns Misinformation and Abuse Targeting Volunteer Crews
Metropolitan Police Charge Swindon Man with Assisting Foreign Intelligence Services
British Intelligence Report Warns Environmental Collapse Threatens Global Defense Infrastructure
×