Alabama’s GOP Governor signs bill to protect IVF after state Supreme Court ruling led centers to pause offering the treatment
Alabama’s Republican Governor Kay Ivey signed a law protecting in vitro fertilization providers after a state Supreme Court ruling ruled that frozen embryos should be considered children.
The state Supreme Court ruled last month that frozen embryos are children and will receive the same protection under state law. The decision sparked outrage among IVF providers and families.
Three major IVF providers in the state have halted services for fear of prosecution, as the ruling means centers could theoretically be sued for destroying an embryo.
The ruling could open the door to wrongful death lawsuits in all cases where embryos do not survive thawing and being replaced in the womb, potentially forcing doctors in the state to flee elsewhere to practice medicine.
“Alabama is working to promote a culture of life, and that certainly includes IVF,” Ivey said in a statement on Twitter on Wednesday as she signed the bill protecting IVF.
Alabama’s Republican Governor Kay Ivey signed a law protecting in vitro fertilization providers after a state Supreme Court ruling ruled that frozen embryos should be considered children
The state Supreme Court ruled that frozen embryos are children and therefore will receive the same protection under state law, sparking outrage among IVF providers and families
Three major IVF providers in the state have halted services for fear of prosecution, as the ruling means people could theoretically be charged with destroying an embryo
“I’m pleased to sign this important short-term measure into law so that Alabama couples hoping and praying to become parents can grow their families through IVF.”
The bill was passed by the state legislature late Wednesday evening and said that “no action, suit or criminal prosecution for the injury to or death of an embryo shall be instituted or maintained against any individual or entity in the rendering or receipt of services in connection with in vitro fertilization. ‘
The immunity provided for in the new law would apply retroactively, but excludes ongoing lawsuits. Civil lawsuits could be filed against manufacturers of IVF-related goods, such as the nutrient-rich solutions used to grow embryos, but damages would be capped and criminal charges would be prohibited.
IVF is a process in which eggs from a woman’s ovaries are fertilized outside the uterus and implanted into the woman’s uterus. Doctors typically fertilize as many healthy eggs as possible to give the woman the best chance of having a baby; unused fertilized eggs are frozen and stored.
Eventually the unused embryos are discarded, but when depends on the clinic and what the patient needs.
With potential consequences for discarding the unused embryos, doctors may be barred from fertilizing eggs that ultimately do not implant. This reduces a woman’s chances of becoming pregnant.
The bill was passed by the state legislature late Wednesday night and said that “no action, suit or criminal prosecution for the injury to or death of an embryo shall be instituted or maintained against any individual or entity in the provision or receipt of services in connection with in vitro fertilisation’.
In February, the state Supreme Court ruled 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 Republican-led court ruled in favor of the landmark decision, including Chief Justice Tom Parker (pictured), who quoted the Bible and said the ruling would protect “the sanctity of unborn life.”
In February, the state Supreme Court ruled 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 decision came in a lawsuit filed by a group of IVF patients whose frozen embryos were destroyed in December 2020 when a patient removed them from a cryogenic storage unit and dropped them on the floor.
The Republican-led court ruled in favor of the landmark decision, including Chief Justice Tom Parker, who cited the Bible and said it would protect “the sanctity of unborn life.”
“Human life cannot be unlawfully destroyed without incurring the wrath of a holy God, who regards the destruction of His image as an affront to Himself.”
“Even before birth, all men bear the image of God, and their lives cannot be destroyed without effacing his glory,” Parker wrote.
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 court’s ruling recognizing embryos as children sparked backlash, and patients saw appointments abruptly canceled or their path to parenthood questioned.
The University of Alabama at Birmingham health care system halted all in vitro fertilization procedures following the ruling
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 University of Alabama at Birmingham health care system halted all in vitro fertilization procedures following the ruling.
The hospital system made the call out of fear of possible criminal charges and lawsuits against patients and physicians in the aftermath of the ruling.
In a statement, a UAB spokeswoman said they are “saddened that this will impact our patients’ attempt to have a child through IVF, but we must evaluate the possibility that our patients and our physicians could face criminal charges or can receive compensation for following the standard of care for IVF treatments.’
The Alabama Fertility Specialist in Birmingham has “paused embryo transfers for at least a day or two,” said Penny Monella, the clinic’s chief operating officer.
The Center for Reproductive Medicine in Mobile also halted IVF services following the ruling.