Fearing IVF Restrictions, Woman Suing Texas Over Abortion Ban Says She’ll Move Her Embryos Out Of State

A woman suing Texas over its abortion ban plans to move her frozen embryos out of the state, fearing that Texas could follow Alabama’s lead and stop providing in vitro fertilization.

Last week, the Alabama Supreme Court ruled that embryos can be considered children. That ruling has caused three Alabama clinics to suspend IVF services, as clinics fear they could face legal penalties if they discard embryos.

Amanda Zuraski, the woman suing the state, told NBC News that she and her husband have signed papers to move their embryos out of the state because they fear Texas could have a similar ruling.

“My heart is broken for every hopeful parent in the state of Alabama and beyond because this isn’t going to stop in Alabama. This is going to have a snowball effect,” she said. 

Zurawski is one of the lead plaintiffs suing Texas for its abortion ban and for not allowing the procedure during medical complications. She said she nearly died in 2022 after doctors denied her an abortion when her water broke at 18 weeks. After Zurawski’s health deteriorated, doctors performed an abortion, but she developed an infection that led to sepsis.

Zurawski and her husband then turned to in vitro fertilization to try to have a baby. She said she has two frozen embryos, but she is still angry after nearly losing her life.

“It’s absolutely terrifying,” Zurawski said. “But it’s also so infuriating because the same people who support the bans that nearly killed me are also in the same camp, who are now trying to make it harder for people like me to have a family.”

Texas may not follow Allabama’s lead, however, as Gov. Greg Abbott said in a Sunday interview that he supports access to IVF treatments in the state.

“Texas is a pro-life state, and we want to do everything possible that we can to maintain Texas being a pro life state,” Abbott told CNN’s Dana Bash on Sunday. “But at the very same time … we as a state want to ensure that we promote life, we bring more life into the world and we empower parents to be able to have more children.”

Still, he stopped short of calling on the Legislature to take specific action to protect IVF treatments. He also said that there are specific scenarios and issues that need to be identified and resolved.

Zurowaski said she has researched other clinics outside of Texas to take her embryos, and that the whole process could cost thousands of dollars. But she is willing to do it to protect them.