The Alabama Supreme Court ruled last week that frozen embryos created through in vitro fertilization (IVF) can be legally considered children under state law. The decision has significant consequences, as it asserts that such embryos are subject to legislation dealing with the wrongful death of a minor if destroyed.
The court’s opinion, which was the first of its kind, stated that the “Wrongful Death of a Minor Act applies to all unborn children, regardless of their location,” including those “located outside of a biological uterus at the time they are killed.”
The Division of Reproductive Endocrinology and Infertility at the University of Alabama at Birmingham has suspended IVF treatments in light of the decision
The ruling’s immediate consequences are clear, as three couples now have legal grounds to sue for wrongful death after their frozen embryos were accidentally destroyed in a fertility clinic incident.
However, legal experts, medical professionals, and advocates for reproductive rights are concerned about the decision’s far-reaching implications. In a dissenting opinion, Justice Greg Cook stated that the ruling has the potential to halt the creation of frozen embryos through IVF in Alabama, making it a unique and controversial stance.
The Division of Reproductive Endocrinology and Infertility at the University of Alabama at Birmingham has suspended IVF treatments in light of the decision.
Savannah Koplon, a spokesperson for Columbia University, told CBS, “We are saddened that this will impact our patients’ attempt to have a baby through IVF, but we must evaluate the potential that our patients and our physicians could be prosecuted criminally or face punitive damages for following the standard of care for IVF treatments.”
Abortion rights organizations and IVF advocates had anticipated such developments following the Supreme Court’s 2022 decision to overturn Roe v Wade. The Alabama ruling references language added to the state constitution in 2018 that protects the rights of unborn children.
The decision could have far-reaching consequences beyond the state
Experts fear the ruling will lead to a decrease in IVF access and care, with Dr. Mari Mitrani of Gattaca Genomics citing serious potential consequences for Alabamans’ right to start a family, according to the report.
The decision could have far-reaching consequences beyond the state, affecting the entire fertility industry and endangering professionals like embryologists, fertility doctors, and lab technicians.
“This ruling poses a threat to embryologists, fertility doctors, lab technicians, and all fertility healthcare providers in Alabama,” Dr Mitrani said. “The local medical professionals will be exposed to unforeseen consequences due to this ruling when trying to help their patients.”
Dr. Mary Jacobson, OB-GYN and Hello Alpha’s chief medical adviser described the ruling as a “continued assault on our freedoms” and expressed concern about the potential criminalization of positive medical intentions, questioning whether this could extend to criminalizing miscarriage or missed menstrual periods, according to the report.
The advocacy group ‘Resolve: The National Infertility Association’ stated on Instagram, “This ruling has profound implications far beyond Alabama’s borders. Every American who wants or needs access to family-building options such as IVF should be extremely concerned about this development and the precedent it will set across the country.”
The health system’s fertility unit will continue to collect eggs from women seeking treatment, but the next steps, such as fertilization and embryo development, have been temporarily halted. “Everything through egg retrieval remains in place,” the statement read, according to the New York Times.
As the legal landscape shifts, the Alabama Supreme Court’s decision sparks a larger debate about reproductive rights and the future of IVF access and care.