Alabama Supreme Court ivf ruling
On February 16, the Alabama Supreme Court ruled that frozen embryos created through in-vitro fertilization (IVF) are considered to be children. This ruling came after three couples filed a lawsuit against their fertility clinic and hospital after their embryos were accidentally destroyed. The plaintiffs filed suit under the Wrongful Death of a Minor Act. The state statute was established in 1872, a time when the technology of IVF did not exist. The statute can be applied to a fetus growing in a uterus, but this is the first time that the Wrongful Death of a Minor Act is being applied to an embryo. The trial court judge ruled that an embryo in a lab is not a child, and therefore can not be protected under that statute. The couples appealed the ruling to the Supreme Court of Alabama. The court ruled that frozen embryos produced through IVF are considered to be children, so the couples can pursue their lawsuit against the clinic. The majority opinion was written by Justice Jay Mitchel. He wrote, “Unborn children are ‘children’ ... without exception based on developmental stage, physical location, or any other ancillary characteristics.”
Immediate fear has spread across Alabama. Following the decision, some Alabama facilities stopped providing fertility treatment or limited it. One of Alabama’s largest fertility clinics, the University of Alabama at Birmingham Health System, has paused IVF treatment and 2 out of 8 fertility centers in Alabama have followed. These clinics have halted their procedures due to fear of the liability the clinic and clients may face. Following the overturning of Roe v. Wade, advocates for abortion rights and IVF have warned that a scenario like this one could occur and pose a serious threat to IVF patients, medical professionals, and the fertility industry at large.
Patients in other states are concerned that their governments may soon adopt laws similar to Alabama’s. Couples undergoing IVF in Alabama are desperately trying to move their embryos out of state. However, it is costly and difficult to do. According to the New York Times, transporting embryos can cost anywhere from $500 to $1000. Since IVF treatment is already expensive (costing $5,000 - $15,000 per cycle), most families will have to halt their IVF treatment altogether – limiting their chances for ever starting a family. Additionally, companies do not want to transport embryos out of fear that they would die and would be charged for the “death of a minor.”
Since the ruling, there have been recent efforts to protect fertility treatment in Alabama. On February 29, Alabama State Senate and House passed temporary legislation to protect IVF clinics. Although Alabama is a deeply Republican state, the bill passed with a vote of 94-6, indicating how important IVF is, in spite of the state’s anti-abortion stances and policies that purport to protect unborn children. House Bill 237 works to provide immunity for clinics. It states, “no action, suit, or criminal prosecution for the damage to or death of an embryo shall be brought or maintained against any individual or entity when providing or receiving goods or services related to in vitro fertilization.”
The Alabama Supreme Court ruling poses urgent ethical questions about the millions of embryos frozen in the U.S. Since embryos can’t be destroyed, do they have to always be implemented into a uterus or preserved into perpetuity? What are other complications and consequences that may emerge from defining an embryo as a full person? Although the Alabama Constitution and Supreme Court may win favor from Republican constituents by recognizing “the rights of unborn children,” the unexpected ramifications of that wording are having devastating consequences on IVF patients and providers. Decisions such as the February 16 ruling will ultimately restrict access to quality medical care for women and families and undermine the legally protected right of individuals to build families through assisted reproductive technology.
What it means for the future of parents
https://www.cbsnews.com/news/alabama-ivf-lawmakers-bill-governor/
