A new bill rolling out in January might inadvertently or purposefully ban IVF. As state anti-abortion laws define embryos or fetuses as “unborn human beings” this could apply to those created through IVF or other fertility treatments. This would then make it illegal to discard a surplus of embryos. Many new laws on the subject are expected as the new year and a new legislative class comes into office.

As of now, a few states are set for this situation. Virginia has pre-filed a bill for the 2023 legislative session that states life begins at fertilization. This bill does not include language to exempt embryos created through IVF. Florida state Representative Michele Rayner (D) told reporters at a conference last week that she expects her Republican colleagues to introduce personhood legislation during next year’s session as well.

Senators Tammy Duckworth (D-Illinois) and Patty Murray (D-Washington) have created the Right to Build Families Act to respond to these personhood bills. They stated that they wanted to protect the rights of American families who want to create a family with their genetic materials. This comes as many bans, they feel like, are preventing families from creating a family through using IVF. Though in many instances the prevention of IVF in current bills is a situation that can be worked around.

Many states though do have laws in place to prevent the discarding of embryos collected through IVF, such as Louisiana, Georgia, and South Dakota. Though in each case there are amendments in place to keep the practice fair for all.

This is a developing story as we wait to see what occurs with the Right to Build Families Act and the new class of legislatures in 2023. Read more at AXIOS.