The Alabama Supreme Court ruled in early February that frozen embryos conceived through in vitro fertilization, or IVF, are now considered children under state law and subject to legislation regarding the wrongful death of a minor if one is destroyed.
This decision could have extensive implications for fertility treatment in the state.
At least three Alabama IVF clinics have temporarily stopped new IVF treatments over concern of legal risk.
"The disregard for women's ability to make these decisions for themselves and their families is outrageous and unacceptable," President Joe Biden said in a statement.
The decision was caused by wrongful death cases put forward by three couples who had frozen embryos destroyed in an accident at infertility clinics. This ruling will allow the three couples to sue for wrongful death.
“They should not be sued because an embryo is not a child. They should sue for other reasons but not wrongful death as if it was a living child,” NHS sophomore Amanda Faircloth said.
A patient in 2020 wandered into the part of a fertility clinic that stored embryos, handled them and then dropped them on the floor “killing them,” the ruling said.
“Suing them would be wrongful because an embryo is not a living child and the government should not be included in this decision,” NHS sophomore Eva Ziemnicki said.
Justices citing the Alabama Constitution ruled that an 1872 state law allowing parents to sue over wrongful death for a minor child, “applies to all unborn children, regardless of their location.”
The state Supreme Court's ruling brought on a warning regarding the potential impact on fertility treatment and freezing of embryos, which had previously been considered property by the courts. The ruling did not ban or restrict IVF.
“This ruling is stating that a fertilized egg, which is a clump of cells, is now a person. It really puts into question the practice of IVF,” Barbara Collura, CEO of RESOLVE: The National Infertility Association, told The Associated Press.
Justices ruled that the wrongful death lawsuits by the couples could take action. The clinic and hospital that are defendants in this case could ask the court to reconsider the ruling.
"There is an emotional side to this, and I don't think the law should be based on those emotions," one Alabama mother said.
Chief Justice Tom Parker issued an opinion in which he quoted the Bible discussing the phrase “the sanctity of unborn life” that is seen in the Alabama Constitution.
“Even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory,” Parker said.
The Alabama Supreme Court decision was based partly on anti-abortion language added to the Alabama Constitution in 2018 stating that it is “policy of this state to ensure the protection of the rights of the unborn child.”
Supporters then said it would have no impact unless states obtained more control over abortion access. States obtained access of abortions in 2022.
“I believe that life starts at conception, a genetically unique individual can't live on its own but neither can a one year old. So I think they are children,” NHS Biology teacher Eric Ekman said.
It is unclear what effects the ruling will have on surrounding states.
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