From Reuters, BBC and wire reports
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 8-1 majority of 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. Chief Justice Tom Parker drew widespread attention for his overtly religious concurring opinion, in which he wrote that the state constitution includes the “theologically based view” that “human life cannot be wrongfully destroyed without incurring the wrath of a holy God.”
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.
The ruling left open the question of whether destroying a frozen embryo could result in criminal homicide charges. It also left it to the legislature to determine whether and how IVF could continue in the state.
When the US Supreme Court struck down a nationwide right to abortion in 2022, in the Dobbs decision, it opened the door for states to make their own laws on the issue.
Since the decision, Democratic-controlled states have expanded access while Republican-controlled states have restricted it. Alabama already has a total ban on abortion, at all stages of pregnancy.
It is unclear how the Alabama court decision will affect other states. It has opened a debate between “Pro-Life, anti-Abortion forces” and “Pro-Women’s Right to Choose forces”. The Anti-abortion forces support the concept that “life begins at conception” and all abortion is “baby killing” so they support the court decision which calls into question the IVF process.
The Biden White House called the Alabama ruling “exactly the type of chaos that we expected when the Supreme Court overturned Roe v Wade and paved the way for politicians to dictate some of the most personal decisions families can make”.
Some Republican politicians who support and have used IVF themselves are caught in the middle of this debate, which is a consequence of the Supreme Court’s decision on abortion. This issue will be a major factor in the national elections in November and may persuade many women to come out to the polls, to assert their rights to control their bodies and healthcare.