- Alabama Supreme Court grants frozen embryos status as “children” in groundbreaking ruling
- Decision raises concerns about liability and future of assisted reproductive technology (ART) nationwide
- IVF clinics and patients face uncertainty as legal ramifications of the ruling unfold
Alabama’s Supreme Court issued a groundbreaking ruling on Friday, asserting that frozen embryos should be recognized as “children” with full personhood rights. The court’s decision implies that anyone responsible for destroying these embryos could face legal repercussions in the form of wrongful death lawsuits.
This landmark ruling has significant implications not only for the state of Alabama but also for the future of assisted reproductive technology (ART) across the nation. ART, particularly in vitro fertilization (IVF), involves the creation of embryos in clinical settings, which may or may not be implanted in a uterus.
The case in question involved a hospital patient who accessed frozen embryos stored in subzero conditions, resulting in their destruction. Subsequently, affected IVF patients pursued wrongful death claims against the clinic under Alabama’s Wrongful Death of a Minor Act. Initially dismissed in a lower court, the case was reconsidered by the Alabama Supreme Court, which broadened the definition of “children” to encompass unborn embryos as well, citing religious beliefs and biblical references in support of their decision.
The ruling has stirred debate and raised concerns about the future of IVF, especially considering the significant number of frozen embryos stored across the country. IVF procedures typically result in the creation of multiple embryos, but the success rates for live births remain relatively low. Consequently, many embryos may never be utilized for conception.
With the legal status of embryos as “children” established, the potential for wrongful death lawsuits adds a layer of complexity and risk to the IVF process. ART clinics and patients alike may face heightened liability concerns, potentially impacting the availability and affordability of IVF services. This ruling could lead to cautious practices such as limiting the creation of embryos or even the discontinuation of IVF services altogether, exacerbating the challenges faced by individuals seeking fertility treatments.
Barbara Collura, CEO of RESOLVE: The National Infertility Association, expressed concerns that the ruling could effectively halt most IVF activities in Alabama and potentially set a precedent for other states. Moreover, health advocates worry about broader implications, including the potential extension of personhood rights to early pregnancy outcomes and contraceptive use.
