The Alabama Legislature swiftly took action in the wake of a controversial ruling by the state’s Supreme Court. The ruling defined embryos developed as part of in vitro fertilization treatment as children. As a result, hospitals and clinics put a pause on IVF treatment over fear of potential prosecution and lawsuits over the delicate procedure.
Less than two weeks since the ruling, the Alabama Republican-led House and Senate passed legislation to protect doctors, patients and hospitals from being held responsible for death or damage to an IVF embryo.
The Legislature’s action was meant to serve as a solution so treatments that have been on pause for two weeks can continue, but the legislation isn’t enough for some advocacy groups.
Reproductive rights organizations are not satisfied with the state’s newly passed legislation, saying it doesn’t directly address whether embryos should have the same legal rights and protections as children.
“This bill would provide civil and criminal immunity for death or damage to an embryo to any individual or entity when providing or receiving goods or services related to in vitro fertilization,” the passed legislation said.
The word “death” in this bill is drawing critics’ focus because they said that word implies life for an embryo.
Karla Torres, the senior counsel at the Center for Reproductive Rights, said Alabama’s legislation “seeks to grant personhood to embryos, reinforcing the state Supreme Court’s extreme ruling recognizing embryos as children.”
Another advocacy group, American Society for Reproductive Medicine, released a statement criticizing Alabama’s Legislature for failing “to correct the Supreme Court’s nonsensical stance that fertilized eggs are scientifically and legally equivalent to children.”
The belief that IVF embryos are children and those who destroy them can be legally responsible is not something the majority of Americans agree with.
An Axios/Ipsos poll conducted shortly after Alabama’s Supreme Court ruling found Americans oppose the idea. Of the respondents, 66% of Americans are against the idea while 31% agreed with it.
Women directly affected by the pause in IVF treatments, who are struggling to become mothers, are among those voicing opposition.
Over 150 IVF patients and advocates gathered at the Alabama Statehouse just before the Legislature passed two bills on Thursday, Feb. 29, aimed at protecting patients and clinics from prosecution.
According to the Axios poll, Republicans are split on how they feel about IVF embryos being classified as children.
Abortion issues on ballots have typically gone in favor of Democrats. Democrats could look to capitalize on Alabama’s IVF controversy while Republicans in the state look to save IVF treatments that have been negatively impacted by the state court’s policy.
