Michigan Chief Medical Executive Statement On Alabama In-vitro Fertilization (IVF) Court Ruling

Dr. Natasha Bagdasarian, Michigan's Chief Medical Executive, is responding to the 16 February Alabama Supreme Court ruling in LePage v. Mobile Infirmary Clinic, Inc.  The ruling held, among other determinations, that frozen embryos awaiting IVF are children in the State of Alabama: 

MDHHS Email From Dr. Natasha Bagdasarian

[MDHHS@govsubscriptions.michigan.gov]

26 February 2024

Despite a recent decision by the Alabama Supreme Court that has raised concerns about the future of fertility care across the country, in-vitro fertilization (IVF) remains legal and available in Michigan.

Michigan health care providers can and should continue to provide reproductive and infertility care to their patients, whether they are Michigan residents or from out-of-state. Gov. Gretchen Whitmer’s Executive Order 2022-4 protects both patients and providers from interstate extradition.

In November 2022, Michiganders voted overwhelmingly to pass Proposal 3, which enshrined the right to reproductive freedom as Article I Section 28 of the Michigan Constitution. Proposal 3 defines reproductive freedom to include "the right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management and infertility care." Infertility care includes IVF, which lawmakers in other states are trying to restrict or ban. 

In December 2023, Governor Whitmer signed the final piece of the Reproductive Health Act into law, further protecting Michigan families and health care providers as they make reproductive health care decisions. This ensures Michigan residents have the freedom to make personal decisions, in collaboration with their health care providers, without interference from those who want to control their bodies and lives.

In the United States, more than 2% of all children are born through IVF each year. We understand IVF treatment can take an emotional toll, and is an expensive and arduous journey for families seeking to have children. In Michigan, we will continue to do all we can to protect and expand access to reproductive freedom, including infertility care. We will work to ensure health care providers have the resources they need to do their jobs in supporting their patients as they make decisions about health care and their own bodies.

We are continuing to monitor accessibility to IVF across the nation and will update providers as more information becomes available.

Dr. Natasha Bagdasarian
Chief Medical Executive
State of Michigan