Whether or not an IVF cycle was successful, cryopreservation of any excess embryos also remains in doubt. Not all frozen embryos survive the thawing process — around 20 percent don’t. If personhood were law, it would be too risky to use those embryos for future cycles in the event that any of them didn’t survive thawing, leaving them in a legal holding pattern with infertility patients unable to access their own embryos.
Even if patients wanted to transfer their frozen embryos to another state where personhood wasn’t law, the legality of moving those embryos from one facility to another is also thrown into question. “Infertility patients transferring embryos out of state could be accused of trafficking humans across state lines,” Cain warns.
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