Georgia CommonsHouse · Passed · 2025-2026 Regular Session
HB 428: Health; codify right to in vitro fertilization for individuals
Last action July 1, 2025 · Effective Date
House Bill 428 adds a new section to Georgia's health code stating that nothing in state law prohibits or prevents a person from obtaining in vitro fertilization (IVF) in Georgia.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest the General Assembly's website lists.
In plain language
Following public uncertainty about whether IVF is legal in Georgia, this bill adds a new Code section to Title 31 of the Official Code of Georgia Annotated, the state's health laws. The General Assembly states in legislative findings that many Georgians have struggled to have children, that IVF is a safe and effective option, and that lawmakers have received questions from the public about its legal status. The new law defines in vitro fertilization as a fertility treatment in which eggs are removed from a woman's ovary, fertilized with sperm in a lab to create embryos, and then transferred to a uterus or preserved for later use. It then states plainly that nothing in Georgia law bars a person from obtaining this procedure in the state. The bill repeals any conflicting laws.
What the bill does
- Adds a new Code section (O.C.G.A. § 31-1-26) declaring that nothing in Georgia law prohibits or prevents an individual from obtaining in vitro fertilization in the state.
- Defines 'in vitro fertilization' in state law as removing eggs from a woman's ovary, fertilizing them with sperm in a lab, and transferring or preserving the resulting embryos.
- States legislative findings explaining that the bill responds to public uncertainty about the legal status of IVF in Georgia.
- Repeals any existing state laws that conflict with this new provision.
Who it affects
Individuals and couples in Georgia pursuing fertility treatment, fertility clinics and embryology laboratories that perform IVF, and physicians who provide the procedure. The bill also affects how Georgia courts and agencies would interpret existing law regarding IVF's legality.
Why it matters
By writing a clear statement into Georgia law, the bill aims to remove legal uncertainty that had left patients, doctors, and clinics unsure whether IVF could be affected by other state laws, such as those concerning embryos or reproduction, giving people seeking fertility treatment clearer legal footing in Georgia.
Key provisions
- Section 1 lists legislative findings, noting that many Georgians struggle to have children and that IVF is a safe, effective, and legal option.
- Section 2 creates new Code section 31-1-26, defining 'in vitro fertilization' and stating that no part of Georgia law prohibits or prevents obtaining it in the state.
- Section 3 repeals any existing laws that conflict with this new provision.
From the bill
“Nothing in this Code shall be construed to prohibit or prevent an individual from obtaining in vitro fertilization in this state.”
“Such uncertainty needs to be addressed through legislation confirming that nothing in Georgia law prohibits or prevents an individual from obtaining in vitro fertilization in this state.”
Status timeline
- Effective Date
- 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-47)
- Deborah Silcox (R, HD-53)
- Scott Hilton (R, HD-48)
- Soo Hong (R, HD-103)
- Sandy Donatucci (R, HD-105)
- Ben Watson (R, SD-1)
Votes
- House voteFebruary 27, 2025
172 yea, 0 nay (1 not voting, 7 excused)
- Senate voteMarch 27, 2025
53 yea, 1 nay (0 not voting, 2 excused)
- House voteMarch 28, 2025
160 yea, 0 nay (6 not voting, 14 excused)
Topics
- in vitro fertilization
- fertility treatment
- reproductive health law
- Georgia health code