Alabama Supreme Court rules frozen embryos are children, imperiling IVF
With at least 11 states defining personhood as starting at fertilization and ongoing debates over abortion and reproductive restrictions, the ruling amplifies concerns ahead of the 2024 elections. The case in Alabama involved a wrongful death lawsuit where a patient accidentally destroyed another couple’s embryos. The court’s ruling, which overruled a lower court, emphasized that unborn children, including frozen embryos, are protected under existing laws.
This decision could set a precedent with far-reaching implications, potentially affecting IVF procedures, contraceptives, and healthcare providers’ practices. Critics fear it could increase the cost of IVF, prompt clinic closures, and deter patients from pursuing fertility treatments due to legal risks.
Critics have also noted the Alabama chief justice’s use of theology in the ruling, expressing concern that a judge’s religious beliefs could influence personal decisions. The ruling did not clarify if embryo destruction under any circumstance would be permitted. While the plaintiffs had agreed to terms allowing for embryo destruction or donation after a specified period, the court did not address this due to the trial court’s oversight. The decision underscores how overturning Roe v. Wade has empowered judges and legislators to restrict more than just abortion, leaving the extent of state and court authority uncertain.
For more information see Dan Rosenzweig-Ziff “Alabama Supreme Court rules embyros are children, imperiling IVF”, The Washington Post, February 19, 2024.
Special thanks to Lewis Saret (Attorney, Washington, D.C.) for bringing this article to my attention.