Attorney General Mayes Clarifies IVF Law, Vows to Protect Treatment in Arizona

PHOENIX – Attorney General Kris Mayes today released a consumer alert regarding in vitro fertilization (IVF) in Arizona. Despite recent court decisions in other parts of the country, IVF treatment currently remains legal and accessible in Arizona.

“Despite the outrageous ruling by the Alabama Supreme Court last month that put the future of IVF treatment in doubt in that state, it remains legal in Arizona, and my office will fight like hell to keep it that way,” said Attorney General Mayes. “The chaos that has ensued since the US Supreme Court struck down Roe v. Wade two years ago is both predictable and maddening. The fall of Roe has opened the floodgates for activist judges like those that make up the Alabama Supreme Court to attempt to impose their extremist beliefs on the rest of us.”

The consumer alert issued today clarifies that Arizona law, as it currently stands, expressly excludes the “conception or the implantation of a fertilized ovum in the uterus” from the definition of abortion. In simple terms, that means Arizona’s abortion statutes do not apply to the forming and implantation of an embryo.

“Washington politicians could ensure the legality of IVF nationwide today, but the right-wing extremists in Congress have blocked efforts to do so,” continued Mayes. “And just last week on the floor of the Arizona Senate, Republican legislators lauded their efforts to pass legislation that would protect life ‘from the moment of conception.’ Such legislation is radical and, if passed, would jeopardize the legality of IVF treatment.”

Last year, Attorney General Mayes established the first-ever Reproductive Rights Unit in the Arizona Attorney General’s Office to lead the fight for protecting the fundamental rights of Arizonans. 

“The Reproductive Rights Unit at the Attorney General’s Office is monitoring legal developments across the country and here in Arizona,” said Mayes. “We will be ready to fight back against any attempts to restrict the personal medical decisions of Arizonans. I was able to start my family and give birth to my daughter because of IVF treatment – and I will do everything possible to ensure every Arizonan can choose when and how to start their family without interference.”

Arizonans can stay up to date on Arizona laws related to reproductive healthcare and ongoing litigation and get answers to frequently asked questions by visiting our website at www.azag.gov/issues/reproductive-rights.

A copy of the consumer alert is available below.