The Alabama Court Ruling Against Frozen Embryos for IVF Patients
A recent decision by the Alabama Supreme Court, classifying frozen embryos as children and establishing potential liability for their accidental destruction, has ignited a fresh debate in the United States regarding reproductive medicine.
The Alabama Court Ruling Against Frozen Embryos for IVF Patients
In Vitro Fertilization (IVF) involves a series of precise steps before and after the combination of sperm and egg in a laboratory to create an embryo. This procedure stands as the most effective fertility treatment available, boasting the highest success rates per cycle among all Assisted Reproductive Technologies (ART). Despite its inception in 1978, ongoing advancements in techniques have bolstered IVF's efficacy, making it applicable for both medically necessary and elective purposes.
In simpler terms, IVF entails retrieving eggs from the intended mother or a donor, fertilizing them with sperm from the partner or a donor, and then implanting the resulting embryo into the uterus of the carrier, with hopes that it continues to develop into a successful pregnancy. Though IVF offers hope and a chance to individuals and couples, it is never a guarantee. In fact, every embryo doesn't equal a baby.
Global IVF Statistics
Over 12 million IVF babies have been born worldwide, and over 2.5 million IVF cycles are being performed every year. Frozen embryo transfer cycles are now often preferred by fertility clinics and doctors for various reasons, including reduced risks of complications such as OHSS.
With fertility rates declining, WHO has declared that 1 in 6 experience infertility. The need for IVF treatments will become more in demand for those pursuing parenthood.
Alabama IVF Ruling
The case originated from a wrongful death lawsuit filed by three couples whose embryos were lost at a fertility clinic in 2020. In its ruling, the Alabama Supreme Court sided with the couples involved, and ruled that frozen embryos were considered "children".
The decision has thrown the future of IVF treatments in the state into doubt, with a host of healthcare providers in the state suspending the service.₁
Alabama lawmakers introduced two bills on Tuesday that would shield medical providers that offer in vitro fertilization services from civil and criminal liability.₂ The state Senate and House put forward the proposed bills nearly two weeks after the Alabama Supreme Court ruled that frozen embryos are legally protected children, forcing hospitals and clinics to pause treatments.₃
What does this mean for IVF Patients?
The ruling does not prohibit or limit IVF. However, the decision may lead to uncertainty regarding the legality of certain aspects of IVF under Alabama law. If embryos are regarded as persons, it could prompt inquiries into the permissible methods of use and storage employed by clinics.
Right now, IVF patients everywhere are terrified. We are also sad, heartbroken, angry, confused, worried, and so tired. If dealing with infertility wasn't enough, there is now this added heaviness and fear weighing on us. There are just so many unknowns and as a fertility patient, it often feels like our rights are being questioned, taken away, and diminished. This isn't the first time we've had to fight as IVF patients, and it's exhausting. The emotional impact of this is significant.
What can we do? Vote, use our voice, support organizations who are fighting for and advocating for fertility patients, and stay up to date on what's happening. Resolve provides resources to ‘Fight for Families’ which can be found here. Take advantage of these resources to help keep IVF access legal. Doctor’s for Fertility is another organization working to educate and advocate to keep IVF and reproductive care safe, open, and accessible to all people.
Together, we can make a difference. We must continue to fight!
References:
BBC News. (2022, March 8). Alabama Supreme Court rules that embryos are children. BBC. https://www.bbc.com/news/world-us-canada-68366337
News Wave. (2022, March 15). Alabama lawmakers put forward bills to protect IVF medical providers after court ruling. News Wave. https://newswav.com/article/alabama-lawmakers-put-forward-bills-to-protect-ivf-medical-providers-after-A2402_R814L7
The Independent. (2022, March 9). Alabama Supreme Court rules that embryos are children in landmark case. Independent. https://www.independent.co.uk/news/world/americas/us-politics/alabama-ivf-court-embryo-pregnancy-b2501354.html
Medical Disclaimer:
The information provided in this blog is intended for general informational purposes only and should not be considered as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your healthcare provider or qualified medical professional with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read in this blog.
