Alabama clinic resumes IVF treatments under new law shielding providers from liability
MONTGOMERY, Ala. — At least one clinic in Alabama has resumed in vitro fertilization treatments after the governor signed a bill into law that protects providers from potential legal liability stemming from a court ruling that equates frozen embryos with children.
Alabama Fertility Specialists performed several embryo transfers on Thursday, news media reported. Video from CBS News showed staff giving a toast, and Dr. Mamie McLean said seeing patients again was “incredibly exciting”.
“We were able to talk about IVF care,” McLean told CBS News. “We were able to create a timeline – lots of smiles, lots of hope and optimism.”
Alabama Fertility was one of three clinics to halt proceedings after the Alabama Supreme Court ruled last month that three couples whose frozen embryos were destroyed in a storage facility accident could file wrongful death lawsuits for their “ectopic children.” The ruling, which treated an embryo the same as a child or pregnant fetus under the wrongful death statute, raised concerns about clinics’ civil liability.
The new law, which took effect immediately after being signed Wednesday evening, protects providers from prosecution and civil lawsuits “for the damage to or death of an embryo” during IVF services.
Hannah Miles, 29, can go ahead with an embryo transfer on March 19 in hopes of having her first child.
“Relieved, grateful,” Miles said when he heard the IVF treatments were progressing. “I am grateful that the Alabama Legislature listened to us. I know we really didn’t give them a choice.”
Miles and her husband have one frozen embryo left after a January transfer failed to take place. She had been taking medication for weeks to prepare her body. The court’s ruling then asked whether the planned transfer could go ahead.
“I have chosen to live from day to day. That’s pretty much what you do with IVF. I was more angry than anything. This has been hard enough. How dare you make this even more difficult,” she said of the court ruling.
The University of Alabama at Birmingham said in a statement Thursday that it was “working to schedule or reschedule patients for treatments as quickly as possible,” but did not say exactly when that would be. A spokeswoman did not immediately respond to an email Friday.
“Patients whose health condition or stage of treatment require greater urgency will be scheduled first,” the statement said.
The Center for Reproductive Medicine in Mobile said in a statement that it would not reopen until it had legal clarity “on the scope of immunity” provided by the new state law.
“At this time, we believe the law falls short in addressing the fertilized eggs currently being stored in the state and presents challenges for physicians and fertility clinics trying to help deserving families have children of their own,” the statement said.
The center was a defendant in wrongful death lawsuits that the Alabama Supreme Court heard in its IVF ruling last month.