Alabama Supreme Court legally recognizes frozen embryos as children | What this means for IVF

Advocates argue the ruling could impact the availability of fertility treatments, like IVF

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Tuesday, February 20, 2024
Alabama Supreme Court embryo ruling legally recognizes frozen embryos as people
The Alabama Supreme Court has ruled to legally recognize frozen embryos as children.

The Alabama Supreme Court has ruled to legally recognize frozen embryos as children. However, doctors and legal experts warn the ruling could have dangerous implications for fertility treatments, such as in vitro fertilization.

The unprecedented decision reverses a lower court's ruling in a wrongful death lawsuit three couples brought against a fertility clinic after someone there dropped their frozen embryos, destroying them.

The Alabama Supreme Court determined frozen embryos qualify as people under its state law, saying, "unborn children are children... without exception based on developmental stage."

Advocates argue the ruling could impact the availability of fertility treatments, like IVF, because of fear from providers of being held liable for disposed non-viable embryos.

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"We have kind of what is just a brand new landscape for the law," said Jasmine Matlock, an attorney with M&H Legal Services.

In 2021, more than 238,000 families in the U.S. relied on IVF to have a baby. Multiple embryos are often frozen to increase the likelihood that one will successfully implant.

"At this point, there is no decision on when a physician or a clinic can conclude storing these embryos, so they are potentially liable for the wrongful death of an embryo after the parents have passed," Matlock said.

Some doctors also worry the ruling could make IVF less accessible by making it more expensive or causing some clinics to close because of legal risks.

"This ruling is so incomplete. And it leaves those of us who are sitting face to face with patients, just with the inability to comment on what is safe and what is legal for them right now," said Dr. Mamie McLean, a physician with Alabama Fertility.

The issue is already being taken up by federal lawmakers.

Pennsylvania Congresswoman Susan Wild and Illinois Senator Tammy Duckworth have introduced a bill that would establish fertility treatments as a right for patients and doctors.

ABC News contributed to this post.