Alabama Governor Kay Ivey has signed a new law that protects in vitro fertilization (IVF) providers from potential legal liability, following a recent court ruling that equated frozen embryos to children. The decision by the Alabama Supreme Court caused major concerns for clinics and led to a pause in services by three major IVF providers. The new law shields providers from lawsuits and criminal prosecution in cases of “damage or death of an embryo” during IVF services.
The ruling by the Alabama Supreme Court prompted an outcry from patients and various advocacy groups. Many patients shared stories of having their embryo transfers canceled, putting their paths to parenthood in doubt. The court ruling allowed three couples whose frozen embryos were destroyed in an accident at a storage facility to pursue wrongful death lawsuits for their “extrauterine children.” This raised concerns about civil liabilities for clinics.
In response to the concerns and to get clinics reopened, Republicans in the state Legislature proposed the lawsuit immunity. However, they did not address the legal status of embryos created in IVF labs. House Democrats, on the other hand, proposed legislation stating that a human embryo outside a uterus cannot be considered an unborn child or human being under state law. They argued that this was the most direct way to deal with the issue, but Republicans did not bring the proposal up for a vote.
The new law protecting IVF providers from legal liability was seen as a way to address the immediate concerns of clinics and get them open again. It does not, however, go far enough according to the American Society for Reproductive Medicine, a group representing IVF providers across the country. They believe the fundamental problem lies in the court ruling that treats fertilized eggs as children.
The political landscape surrounding this issue is complex. Republicans are torn between supporting IVF and anti-abortion sentiments within their own party. Some Republicans have attempted to add language similar to Louisiana’s ban on destroying unused or unwanted embryos, but without success. The state Republicans are grappling with an IVF crisis partly created by anti-abortion language added to the Alabama Constitution in 2018. While supporters of the amendment argued it would protect the rights of unborn children, opponents feared it could establish “personhood” for fertilized eggs.
Critics argue that the real issue lies in the implications of personhood-like language in the Alabama Constitution. They believe that determining the definition of a child and having a meaningful conversation about the consequences of previous decisions is the key to finding a solution.
The new law signed by Governor Kay Ivey is seen as a temporary fix to protect IVF providers from legal liability. It has brought some relief to patients and providers, allowing clinics to resume services. However, there is still a need for comprehensive legislation that addresses the legal status of embryos and provides clarity on their rights. The debate surrounding this issue is far from over, with advocates on both sides pushing for their respective positions. Only time will tell how Alabama will navigate this complex and emotionally charged topic.
