A Victory For Hopeful Parents
May 1, 2026 marked a victory not merely for our own offices but for new families across Kentucky interested in IVF treatment. After a long fought battle, the Honorable Brian C. Edwards declared in our case Sobel V. Coleman (No. 22-CI-005189) that Kentucky’s statutory definition of a human, that being “any member of the species homo sapiens from fertilization until death,” is unconstitutionally void for vagueness.
This broad definition acted as the legal cornerstone for fetal personhood in Kentucky for four long years. By expanding the definition of legal persons to include those “beginning at conception” fertility clinics have been in legal limbo. When embryos get the same rights as everyday people then disposals in a fertility clinic get argued as homicide. For those considering IVF as a potential means to start a family, this legislation pushed them away from their opportunity. Fortunately, we have experience in challenging the Kentucky Legislature on their bad calls.
The Complexities of IVF
Today, thanks to our victory, Kentuckians have options once again. However the Court did not arrive at this conclusion casually. Along the path were challenging debates on Kentucky’s paradoxical definitions for a ‘human being’, a ‘fetus’, or an ‘unborn child’. We fought hard to bring light to the lack of an IVF exception and the state’s general Homicide statute’s silence. Especially concerning to our cause is the consistent erosion of assurances Kentuckians had been told to rely on in the face of anti-abortion legislation such as 26RS HB 714 and the January 2026 indictment of a Wolfe County woman for Fetal Homicide Charges.
The Court held with what we had always argued from the start: non-binding Attorney General opinions are not law and Kentuckians should not be required to plan families around inconsistent definitions. Unfortunately, the Court denied our religious-liberty claims under Kentucky’s RFRA. But we succeeded in eliminating Kentucky’s harmful legislative definition of what a ‘human being’ is.
This case brought all the way back in 2022 by Lisa Sobel, Jessica Kalb, and Sarah Baron. Today’s significant ruling will act as our own cornerstone for future cases in favor of reproductive rights. Our clients’ bravery and courage has been put to the test. Each individual put their name and family experiences with these issues into the public record with no hesitation. Their emotional jury is inspiring and we are forever grateful. Their courage allows other families across Kentucky to know they can grow their families without fear.
The order is final and appealable, and we are ready for whatever comes next.