Three major IVF providers paused services after the state Supreme Court ruled that three couples who had frozen embryos destroyed in an accident at a storage facility could pursue wrongful death lawsuits.
Legislation to restart in-vitro fertilization in Alabama is likely to pass the state Senate and House and become law. MONTGOMERY, Ala. — Facing pressure to get in vitro fertilization services restarted in the state, Alabama’s governor swiftly signed legislation into law Wednesday shielding doctors from potential legal liability raised by a court ruling that equated frozen embryos to children.
The Alabama Supreme Court last month ruled that three couples whose frozen embryos were destroyed in an accident at a storage facility could pursue wrongful death lawsuits for their “extrauterine children.” The ruling, treating an embryo the same as a child or gestating fetus under the wrongful death statute, raised concerns about civil liabilities for clinics. Three major IVF providers paused services.
“We have some transfers tomorrow and some Friday. This means that we will be able to do embryo transfers and hopefully have more pregnancies and babies in the state of Alabama,” Dr. Mamie McLean said after the vote. “I’m super thankful. The past two-and-a-half weeks have been the most stressful time of my journey and I’ve been through a lot,” Goldman said.
“We aren’t providing a solution here,” said Rep. Chris England, a Democrat from Tuscaloosa. “We’re creating more problems. We have to confront the elephant in the room.” The American Society for Reproductive Medicine, a group representing IVF providers across the country, says the legislation does not go far enough. Sean Tipton, a spokesperson for the organization, said this week that the legislation does not correct the fundamental problem, which is the court ruling “conflating fertilized eggs with children.”
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