Texas Supreme Court declines to hear case on IVF embryos, avoiding question of personhood

The Texas Supreme Court declines to hear a case that could have granted embryos legal personhood, leaving IVF access intact in the state.

"...the legislature—not the judicial system—is where these questions should be discussed." – Patrick Wright, lawyer for Gabriel Antoun

Background

The case concerns a contract between Caroline and Gabriel Antoun, who stipulated that any extra embryos created during IVF would go to Gabriel in case of divorce. Caroline Antoun's counsel argued that embryos should be considered human beings with parental rights taking precedent over contracts.

Court Decision

The Texas Supreme Court rejected Caroline Antoun's petition, preserving a lower court ruling that upheld the contract. The decision avoids addressing the question of embryonic personhood, which has implications for IVF access and has already caused issues in Alabama. (https://www.nytimes.com/2024/02/20/health/ivf-alabama-abortion.html, https://www.nytimes.com/2024/03/06/health/ivf-law-alabama.html)

Reactions

Gabriel Antoun expressed relief that litigation is ending, stating his gratitude for a decision that "honors our agreement and supports families' decisions regarding IVF." (https://www.statesman.com/news/health-medicine/texas-supreme-court-ivf-embryos-caroline-gabriel-antoun/BWQQ4SBVWFA4VEWLAIW5K4ROKA/)

Gabriel's lawyer, Patrick Wright, is pleased with the ruling and that "families can continue with the IVF process in Texas."

Caroline Antoun's firm expressed disappointment, acknowledging the court's reluctance to engage in a politically sensitive topic, but maintaining their position that the problem won't go away.

Implications

The decision means that IVF embryos in Texas remain property governed by contracts, not parental rights. While the Texas Supreme Court's decision makes it unlikely Caroline Antoun's appeal will proceed, her legal team is considering options. The court's move doesn't preclude future challenges, with anti-abortion groups hoping to ban embryo destruction.

More than 7,000 babies are born annually in Texas through IVF. (https://www.hhs.gov/about/news/2024/03/13/fact-sheet-in-vitro-fertilization-ivf-use-across-united-states.html)