The decision to brand embryos as children has caused an uproar in the fertility community. It’s been brought about because of a few cases where embryos have been accidentally destroyed, introducing complex legal questions and potential ramifications for fertility care in Alabama and the USA generally.
The Supreme Court voted to allow two wrongful death suits against a mobile fertility clinic to proceed, and if successful we could see an increase in criminalization of expectant people.
So What Caused The Accident?
In 2020, a patient at Mobile’s Center for Reproductive Medicine wandered into the clinic’s cryogenic storage and removed several embryos. According to the lawsuit, “the subzero temperatures at which the embryos had been stored freeze-burned the patient’s hand, causing the patient to drop the embryos on the floor, killing them”.
The three couples who lost their frozen embryos sued for wrongful death, but the clinic claimed that Alabama’s Wrongful Death of a Minor Act did not apply to embryos outside of the womb. Mobile county circuit court judge Jill Parrish Philips agreed with that argument and ruled to dismiss the case, but the state’s supreme court threw it out last week
Even the Democrat Biden administration has reacted to the news of this with shock, and the White House press secretary Karine Jean Pierre said it could potentially cause chaos in the reproductive sphere, and has called on congress to ensure that reproductive rights are protected by federal law.
The Alabama judges have justified their decision by referencing an 1872 statute which they say mentions the term “unborn children” so therefore includes embryos. Chief Justice Tom Parker, presented it in a way that reminded people of antiabortion language from the state constitution, emphasizing the sanctity of life even before birth.
How Will It Directly Affect IVF?
While not explicitly banning IVF or embryo freezing, it introduces ambiguity and raises questions about the legal status of embryos calling into questions the standard practice of freezing embryos during IVF procedures, leaving individuals and healthcare professionals with numerous unanswered questions.
It’s widely reported that couples undergoing infertility treatments in Alabama have already expressed anxiety about the future of their reproductive journeys. Dr. Paula Amato, President of the American Society for Reproductive Medicine, is predicting a decline in medical professionals willing to practice in the state. Only time will tell how the rest of America reacts.
