The Alabama Supreme Court in the US has ruled that frozen embryos created and stored for in vitro fertilization (IVF) are children under a state law allowing parents to sue for wrongful death of their minor children. IVF providers and patients are very concerned about the implications of the ruling.
The Alabama Supreme Court has ruled that frozen embryos created and stored for in vitro fertilization (IVF) are children under a state law allowing parents to sue for wrongful death of their minor children.
The ruling revived three families’ lawsuits accusing a Mobile, Alabama fertility clinic, Center for Reproductive Medicine, and the hospital where it is located, Mobile Infirmary, of failing to properly safeguard frozen embryos, resulting in their destruction.
The court found that it was a long-established precedent that “unborn children” are “children” for the purpose of the 1872 wrongful death law at issue in the case. It said that any doubt about that was removed by a 2018 amendment to the state’s constitution, which declared that it was “the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children.”
The court, whose members are all elected Republicans or appointed by a Republican governor, further found that there was no “unwritten exception” for frozen embryos outside of a woman’s uterus.
What does it mean for IVF clinics and patients?
It is not yet clear, but IVF providers are very concerned about the implications of the ruling. IVF treatment typically involves the creation of multiple embryos in order to maximize the chance of a successful pregnancy, leaving some unused.
At least three providers – the defendant in the case, the University of Alabama at Birmingham Health System and Alabama Fertility – have said they are pausing IVF treatments, citing potential civil and criminal liability in the wake of the decision.
Could the ruling affect IVF in other states?
The ruling does not affect IVF in other states directly. However, legal experts say it could inspire legislatures, courts or activists in other states.
Getting so-called fetal personhood laws – recognizing fetuses as having the full legal rights of people – passed has long been a goal of anti-abortion activists. Alabama is one of several states that have passed provisions granting some measure of legal protection to fetuses.
Wrongful death lawsuits in other states could lead to rulings similar to last week’s from the Alabama Supreme Court.
Source: Reuters