Alabama Supreme Court declares frozen embryos as children under state law, Instantly impacting IVF treatment
In a landmark ruling, the Alabama Supreme Court decrees that frozen embryos from IVF procedures now hold legal status as children, leading to profound implications for their protection under state laws related to the wrongful death of minors.
FollowThe Alabama Supreme Court last week shocked its state after delivering a judgment that could impact the IVF treatment and procedures. Couples planning to start a family have been dealt a serious blow according to many Abortion rights groups and IVF advocates.
According to the recent judgment, frozen embryos created through the IVF procedure will be considered as children under legal grounds. The In vitro fertilization procedure is widely used across the World as a means to counter infertility and related problems. With this judgment, the IVF treatment will be highly impacted.
In cases of destruction of frozen embryos, the state will consider it as the wrongful death of a minor. The US has stricter laws under wrongful death of a minor act and couples and the clinics involved in IVF treatment are mulling over the serious consequences that may come with going further with the treatment type.
A couple in the state now have legal grounds to go after a clinic after their frozen embryos were accidentally destroyed by doctors in the clinic. Justice Greg Cook, in a dissenting opinion, revealed that the judgment may halt the process of IVF and frozen embryos altogether. Abortion rights groups and IVF advocates have expressed their disappointment in the decision.
The judgment from the Alabama Supreme Court has come along the lines of the controversial reversal of Roe v Wade in 2022. Since the court ruling last week, The University of Alabama at Birmingham's Division of Reproductive Endocrinology and Infertility has ended IVF treatments becoming the first major institution to take the step. Many others are likely to follow in the coming days and weeks.
University of Alabama spokesperson Savannah Koplon said, “We are saddened that this will impact our patients' attempt to have a baby through IVF, but we must evaluate the potential that our patients and our physicians could be prosecuted criminally or face punitive damages for following the standard of care for IVF treatments.”
