Georgia CommonsHB428: HB428 Health; codify right to in vitro fertilization for individuals
Last action May 1, 2025 · Effective Date 2025-07-01
House Bill 428 would add a new section to Georgia's health code stating that nothing in state law blocks a person from getting in vitro fertilization (IVF) in Georgia.
In plain language
After the public raised questions about whether IVF was legally at risk in Georgia, the General Assembly drafted this bill to remove any doubt. The bill opens with legislative findings noting that many Georgians have struggled with infertility, that IVF is a safe and effective option, and that lawmakers have fielded public questions about its legal status. The bill's operative change adds a new Code section, O.C.G.A. § 31-1-26, to Chapter 1 of Title 31 of Georgia law, which covers general health provisions. That section defines in vitro fertilization as a fertility treatment where eggs are fertilized with sperm in a lab to create embryos, which are then transferred to a uterus or frozen for later use. It then states plainly that nothing in Georgia law prohibits or prevents a person from obtaining IVF in the state. The bill also repeals any conflicting laws.
What the bill does
- Adds a new Code section, O.C.G.A. § 31-1-26, declaring that no Georgia law blocks a person from obtaining in vitro fertilization in the state.
- Defines in vitro fertilization in state law as fertilizing eggs with sperm in a lab to create embryos, which are transferred to a uterus or frozen for future use.
- Includes legislative findings explaining why the bill was written, citing public uncertainty about IVF's legal status.
- Repeals any existing state laws that conflict with this new protection.
Who it affects
The bill affects Georgians seeking fertility treatment, fertility clinics and embryology laboratories that perform IVF, and doctors who provide the procedure, by clarifying their legal standing under Georgia law.
Why it matters
People considering IVF in Georgia would have a clear statement in state law that the procedure is legally protected, addressing public confusion that arose after debates elsewhere about the legal status of embryos and fertility treatments.
Key provisions
- Section 1 lays out legislative findings on infertility, the safety of IVF, and public uncertainty about its legal status in Georgia.
- Section 2 adds O.C.G.A. § 31-1-26, defining 'in vitro fertilization' and stating that nothing in Georgia law prohibits or prevents a person from obtaining it in the state.
- Section 3 repeals any laws or parts of laws that conflict with the new provision.
Status timeline
- Effective Date 2025-07-01
- Act 41
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- House Agreed Senate Amend or Sub (House)
- Senate Passed/Adopted By Substitute (Senate)
- Senate Third Read (Senate)
- Senate Read Second Time (Senate)
Show full history (16 actions)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted (House)
- House Third Readers (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Lehman Franklin (R, HD-160)
- Jan Jones (R, HD-047)
- Deborah Silcox (R, HD-053)
- Scott Hilton (R, HD-048)
- Soo Hong (R, HD-103)
- Sandy Donatucci (R, HD-105)
- Ben Watson (R, SD-001)
Votes
- House voteFebruary 27, 2025
172 yea, 0 nay (1 not voting, 7 absent)
- Senate voteMarch 27, 2025
53 yea, 1 nay (0 not voting, 2 absent)
- House voteMarch 28, 2025
160 yea, 0 nay (6 not voting, 14 absent)
Topics
- in vitro fertilization
- fertility treatment
- reproductive health law
- Georgia health code