In a landmark decision on Feb. 16, the Alabama Supreme Court declared human embryos, including those outside the uterus, as children under state law, thus bringing them under the protection of the state’s wrongful death laws.
In its decision, the Alabama Supreme Court pointed out that the central question in the case was whether unborn children located outside of a biological uterus at the time they are killed are exempted from the Wrongful Death of a Minor Act.
“The answer to that question is no: the Wrongful Death of a Minor Act applies to all unborn children, regardless of their location,” the court decided in a 7–2 ruling.
“Neither the text of the Wrongful Death of a Minor Act nor this Court’s precedents exclude extrauterine children from the Act’s coverage. Unborn children are ‘children’ under the Act, without exception based on developmental stage, physical location, or any other ancillary characteristics.”
However, the Alabama Attorney General’s Office has now made clear its position regarding the enforcement of this ruling in relation to IVF families and providers.
Ruling Has Received Harsh Backlash
The controversial ruling was the outcome of a lawsuit brought forth by several couples against the Center for Reproductive Medicine. These couples sought damages under Alabama’s Wrongful Death of a Minor Act for embryos that were destroyed when an individual unlawfully accessed and removed them from the center’s cryogenic nursery in December 2020.The Supreme Court’s 7–2 decision unequivocally stated that “the Wrongful Death of a Minor Act applies to all unborn children, regardless of their location,” thereby setting a precedent that could have wide-ranging implications for IVF treatments and reproductive rights in the state.
This groundbreaking decision has sparked a heated debate regarding the legal status of embryos and the potential ramifications for reproductive healthcare services, including IVF.
Critics of the ruling fear it could pave the way for restrictive measures against IVF practices, significantly impacting couples relying on such treatments to start their families. Moreover, the decision has raised concerns about the legal liabilities that IVF clinics and fertility specialists could face, potentially driving up the costs of IVF services and making them less accessible to many Alabamians.
The statement by the Attorney General’s Office has sought to clarify its stance, possibly aiming to alleviate fears within the state and ensure that IVF treatments can continue without the threat of legal repercussions stemming from the state Supreme Court’s decision.
The ruling has also been criticized for potentially infringing on the rights of parents and IVF providers by equating stored embryos with living children under the law. This classification could have led to significant legal and ethical dilemmas, particularly in cases where embryos are lost or destroyed due to unforeseen circumstances. However, the Attorney General’s reassurance seeks to mitigate these concerns by drawing a clear line between the court’s decision and its practical enforcement.
Legal experts and reproductive rights advocates have highlighted the importance of distinguishing between the legal recognition of embryos and the practical application of the law. They argue that while the court’s decision recognizes the potential life of embryos, it should not impede the rights of individuals to seek IVF treatments or restrict the medical community’s ability to provide such services.
The Alabama Supreme Court’s ruling undeniably sets a precedent that could influence future legal interpretations and legislative actions regarding reproductive rights and IVF treatments. However, the Attorney General’s Office’s clarification serves as a counterbalance, ensuring that the ruling does not become a tool for prosecuting families seeking to expand through IVF or the medical professionals assisting them.
