By Jd Preslika, Theresa Henderson, Christine Nader
February 28, 2024
The Alabama Supreme Court ruled on Feb.16 that frozen embryos are legally classified as children.
A lawsuit dating back to 2020 where three couples sued for wrongful death resulted in a ruling that frozen embryos are classified as unborn children. Three out of seven fertility clinics across the state are currently halting their services since the decision, as the court has established the embryos are no longer property of the couples planning to receive or are currently receiving in vitro fertilization (IVF).
The ruling may act as precedent to further limitations of reproductive healthcare, including the continuation of IVF in the state. Many individuals actively receiving IVF are worried that their future of the treatment is in jeopardy.
In a statement released by one of the three clinics pausing their IVF treatments, Infirmary Heath CEO and President Mark Nix stated, “The recent Alabama Supreme Court decision has sadly left us with no choice but to pause IVF treatments for patients. We understand the burden this places on deserving families who want to bring babies into this world and who have no alternative options for conceiving.
While some clinics will still offer services such as egg retrieval, those who are treated by the clinics that have decided to pause their IVF treatments are at a standstill. Clinics are at risk of legal penalties if any frozen embryos are discarded, even with consent from couples.
The lawsuit that brought upon the decision occurred after three couples sued Mobile Infirmary for Wrongful Death of a Minor § 6-5-391, Ala. Code 1975 after a man walked into a cryogenic storage facility and destroyed frozen embryos.
The Alabama Supreme Court, all Republican or appointed by a Republican governor ruled that the, “Unborn children are ‘children.’”
According to NPR, Rep. Justice Tom Parker has alleged ties to the far-right Christian National movement. In response to the court ruling, Parker said, “Even before birth, all human beings have the image of God, and their lives cannot be destroyed without effacing his glory.”
In 2018, the Alabama Supreme Court ruled that embryos receive the same legal protections under state law. The recent case ruling states, ““When it comes to the Wrongful Death of a Minor Act, that means coming down on the side of including, rather than excluding, children who have not yet been born.”
Since the overturn of Roe V. Wade in 2022, state courts have the final decision to when life begins.
