Attorney Gives Insight Into Rules About Fertility Treatment In Oklahoma

A recent ruling by the Alabama Supreme Court, and then subsequent protections passed by that state's legislature, has raised questions about fertility treatments nationwide.

Lashandra Peoples-Johnson is a local attorney here in Tulsa, and was here to help give us insight into what the rules are in Oklahoma.

Why did the Alabama Supreme Court ruling raise questions about IVF?

"So in the Alabama court case, you have three couples who sought out IVF treatment in order to create embryos for later implantation. And what happened was that their embryos were mistakenly and unintentionally destroyed in the medical facility in which they were being held. In February of this year, the Alabama Supreme Court pulled out a ruling which held that any IVF embryos should be considered children, and that those who destroy these embryos could be prosecuted," Peoples-Johnson said.

What is IVF?

"So in vitro fertilization combines medicine along with surgical procedures to help sperm fertilize the egg, and then help that fertilized egg implant in a uterus. And the whole procedure can take weeks, even months. So what some clinics do is that they freeze and store any leftover embryos, so that the patients can come back if they want to. And they can implant those at a later time. This saves them money and time and wear and tear on their body. And so the storing and the freezing is what people are really concerned could go away here in Oklahoma," Peoples-Johnson explained.

What legal questions should people be asking themselves before doing treatment?

"So in Oklahoma, although this happened in Alabama, anytime a Supreme Court issues a ruling, some people get nervous that it could translate to their state. But I think it's worth noting that we had this personhood recommendation to our Supreme Court in 2012. And they actually turned it down. And so we have already ruled on this. Of course, this is before the Roe vs. Wade was (overturned). But something to think about is, if this happens here, then what happens to those embryos? Are you willing to keep them there? Do you want to destroy them? Do you want to not maybe pull as many embryos out because you're worried that this could happen? So those are all things they should consider," Peoples-Johnson said.

Should you get legal representation before doing fertility treatment?

"So in Oklahoma, we have a whole statute and different requirements when it comes to IVF, surrogacy, any kind of fertility reproduction assistance. And so just following those, but it is very tedious. So it's always nice to have that attorney who can kind of walk you through the process to make sure that it's done properly. So that you don't have any holdups on the front end and any negative repercussions on the back end," Peoples-Johnson said.