MONTGOMERY, Ala. — Alabama lawmakers rushed Thursday to protect in vitro fertilization services after fertility clinics closed in the wake of a state court ruling that frozen embryos are children under wrongful death law.
Facing public pressure to resume IVF services in the state, lawmakers have proposed legislation that would extend lawsuit protections to clinics. Lawmakers hope to get the measures approved early next week as they weigh whether additional action is needed.
“This would at least keep the clinics open and help the families move forward,” said Republican Rep. Terri Collins, sponsor of the bill. The House of Representatives voted 94-6 in favor of the bill that now heads to the Alabama Senate.
The Alabama Supreme Court ruled in mid-February that three couples whose frozen embryos were destroyed in an accident at a storage facility 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. Three major providers announced a pause on IVF services.
The Republicans’ proposal focused on protecting lawsuits rather than attempting to address the legal status of embryos. The legislation would protect providers from prosecution and civil lawsuits “for providing goods or services related to in vitro fertilization, except for an act or omission that is both intentional and not arising out of or connected with IVF services.”
Some Republicans said they want to consider future restrictions on what happens to unused embryos.
“It’s alive. It’s growing,” said Republican Rep. Mark Gidley of Hokes Bluff.
Republican Rep. Ernie Yarbrough of Trinity tried unsuccessfully to introduce an amendment to the bill that would ban clinics from intentionally throwing away embryos that are unused or used after genetic testing.
A Democratic lawmaker said the state, which has a strict abortion ban with no exceptions for rape, has spent too much time meddling in women’s decisions.
“I’m so tired of people telling me as a woman in Alabama what I’m going to do with my own body. It’s time for us to stop this,” said Democratic Rep. Barbara Drummond of Mobile. She said a woman texted her this morning asking if the state would take “custody” and responsibility of her frozen embryos if they are now considered children.
In their ruling, the Alabama justices cited anti-abortion language added to the Alabama Constitution in 2018, saying Alabama recognizes and protects the “rights of unborn children.” The constitutional amendment was approved by 59% of Alabama voters.
Rep. Chris England, a Democrat from Tuscaloosa, said lawmakers may be able to provide a temporary fix through legislation, but a long-term solution would need to address the 2018 constitutional amendment, which he said essentially established “personality” for embryos.
“There are far-reaching consequences for personality,” England said.
More than 200 IVF patients filled the Statehouse on Wednesday, putting pressure on lawmakers to restart IVF services in the state. They showed lawmakers babies created through IVF treatment or described how the ruling halted their path to parenthood.
LeeLee Ray endured eight miscarriages, one ectopic pregnancy and multiple surgeries before turning to surrogacy in hopes of having a child. She and her husband found a surrogate mother through a matching program, but are now unable to have their embryos transferred to her and cannot move their embryos abroad.
Republicans hold a lopsided majority in the Alabama Legislature and have not passed a Democratic-backed bill stating that a human embryo outside the womb “shall not be considered an unborn child or human being for any purpose under state law.”