After Alabama’s Supreme Court declared frozen embryos as the legal equivalent of children, state’s largest hospital, the University of Alabama at Birmingham health system, has temporarily halted IVF services.
Alabama SC ruling stems from a case where three couples sued for wrongful death after their frozen embryos were destroyed in a storage facility accident. The court, citing the state constitution’s recognition of the rights of the unborn child, opened the door for lawsuits based on wrongful death. This decision has thrown the future of IVF treatments in the state into uncertainty.
Reproductive endocrinologists, like Dr. Michael C. Allemand from Alabama Fertility, expressed disbelief and concern over the ruling. IVF, a common solution for couples facing fertility challenges, now faces potential legal complications. The court’s declaration that unborn children are ‘children’ without exception raises questions about the fundamental practices of IVF, impacting providers and patients alike.
Gabby and Spencer Goidel, a couple from Auburn, Alabama, shared their struggles with multiple miscarriages and their decision to pursue IVF. The ruling, coinciding with Gabby’s IVF cycle, raised fears of treatment disruptions. Gabby emphasized the real-life impact on couples pursuing the American dream of starting a family.
The court’s decision, rooted in anti-abortion language added to the state constitution in 2018, raises concerns about the broader implications of treating embryos as children rather than property. Barbara Collura, CEO of RESOLVE: The National Infertility Association, questioned whether this new perspective on embryos as persons could challenge established IVF practices, including embryo freezing.
The Alabama Supreme Court’s decision, bolstered by anti-abortion language in the state constitution, could have a lasting impact on the fertility industry. Eric Johnston, an anti-abortion activist involved in drafting the constitutional language, acknowledged the ethical and legal complexities arising from considering frozen embryos as persons.
Providers and fertility clinics affected by the ruling may seek to challenge the decision through legal avenues, potentially reaching the U.S. Supreme Court. As the IVF community grapples with this unprecedented development, the decision highlights the intersection of legal, medical, and ethical considerations in the evolving landscape of reproductive rights.
