--- title: HB 428. Health; codify right to in vitro fertilization for individuals collection: bills id: 2025-2026/hb428 cite_as: HB 428, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/hb428 md_url: https://georgiacommons.org/bills/2025-2026/hb428.md text_url: https://georgiacommons.org/bills/2025-2026/hb428/text source_url: https://www.legis.ga.gov/legislation/70277 date: 2025-05-01 status: passed corpus_version: bills-2026-08-28 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/hb427.md next: https://georgiacommons.org/bills/2025-2026/hb429.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 1200 omitted_url: https://georgiacommons.org/bills/2025-2026/hb428.md?full=1 bill_number: HB 428 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: House bill_type: bill status_date: 2025-05-01 last_action: Effective Date 2025-07-01 sponsors: - Lehman Franklin - Jan Jones - Deborah Silcox - Scott Hilton - Soo Hong - Sandy Donatucci - Ben Watson text_version: Enrolled has_text: true legiscan_url: https://legiscan.com/GA/bill/HB428/2025 upstream_id: 1968098 summaries_model: claude-sonnet-5 topic_tags: - in vitro fertilization - fertility treatment - reproductive health law - Georgia health code --- # HB 428. Health; codify right to in vitro fertilization for individuals ## Text 25 HB 428/AP House Bill 428 (AS PASSED HOUSE AND SENATE) By: Representatives Franklin of the 160th, Jones of the 47th, Silcox of the 53rd, Hilton of the 48th, Hong of the 103rd, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to1 general provisions regarding health, so as to provide that nothing in Georgia law prohibits2 or prevents an individual from obtaining in vitro fertilization in this state; to provide for a3 definition; to provide for related matters; to provide for legi slative findings; to repeal4 conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 The General Assembly finds that:8 (1) Millions of Americans and Georgians have struggled to have children;9 (2) In vitro fertilization is a safe, effective, and legal way to make the dream of having10 children possible for many of those individuals;11 (3) Many members of this legislative body have received inquir ies from the public12 regarding the legal status of this procedure; and13 (4) Such uncertainty needs to be addressed through legislation confirming that nothing14 in Georgia law prohibits or prevents an individual from obtaining in vitro fertilization in15 this state.16 H. B. 428 - 1 - 25 HB 428/AP SECTION 2. 17 Chapter 1 of Title 31 of the Official Code of Georgia Annotated , relating to general18 provisions regarding health, is amended by adding a new Code section to read as follows:19 "31-1-26.20 (a) As used in this Code section, the term 'in vitro fertiliza tion' means a type of fertility21 treatment in which oocytes are removed from a female's ovary an d, in an embryology22 laboratory, fertilized with a male's sperm to form one or more embryos that begin23 development in such laboratory and are subsequently transferred to a female's uterus or24 preserved for future use.25 (b) Nothing in this Code shall be construed to prohibit or pre vent an individual from26 obtaining in vitro fertilization in this state."27 SECTION 3.28 All laws and parts of laws in conflict with this Act are repealed.29 H. B. 428 - 2 - ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. 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. ### Plain-language summary 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 it 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 - Status: Passed (2025-05-01) - Last action: Effective Date 2025-07-01 (2025-05-01) - Sponsors: Lehman Franklin, Jan Jones, Deborah Silcox, Scott Hilton, Soo Hong, Sandy Donatucci, Ben Watson - Official page: https://www.legis.ga.gov/legislation/70277 > The history, votes, and amendments (1,200 characters) are at https://georgiacommons.org/bills/2025-2026/hb428.md?full=1