Alabama Supreme Court Rules Frozen Embryos Are Children, Jeopardizing IVF Possibilities

Frozen embryos will legally be considered children under a new ruling by the Alabama Supreme Court.

The ruling comes as a result of a wrongful-death lawsuit filed by couples whose frozen embryos were destroyed at a fertility clinic in December 2020 when a patient entered the nursery’s cryogenic storage unit and retrieved several embryos.

“The subzero temperatures where the embryos were stored caused the patient’s hand to freeze, causing the patient to drop the embryos on the floor, killing them,” the Alabama Supreme Court said in a decision released Friday.

Image of the judicial gavel.

Getty

Maggie Gyllenhaal says she wanted to ‘be as skinny as possible’ when she was younger, but has learned to accept her body

A lawsuit was filed against the clinic and the Center for Reproductive Medicine, alleging negligence and violations of Alabama’s wrongful death of a minor. After the trial court dismissed the claims, the plaintiffs appealed.”The parties in these cases raised many difficult questions, including those about the ethical status of ectopic children, the application of the 14th Amendment to the United States Constitution to such children, and the implications for public policy of treatment ectopic children as human beings,” Judge Jay Mitchell wrote in Friday’s ruling. “But the Court need not address those issues today because, as explained below, the relevant statutory text is clear: The wrongful death of the Minor Relations Act applies directly to all unborn children, without limitation,” Mitchell continued.

According to Friday’s ruling, unborn children are legally considered children “without exception based on developmental stage, physical condition or any other secondary characteristic.”

The Supreme Court overturns Roe v. Wade, ending the constitutional right to abortion

Exterior view of the Alabama Supreme Court building.

Getty

Many spoke out against the decision, arguing that it could jeopardize IVF treatments. Barbara Collura, executive director of RESOLVE: The National Infertility Association, told The Associated Press that the ruling could lead to patients being asked whether they can freeze future embryos or whether they can destroy or donate unused embryos.

“The Alabama Supreme Court’s ruling is a terrifying development for the 1 in 6 people affected by infertility who need in vitro fertilization to build their families,” RESOLVE said in a statement posted on its website.

Never miss a story — sign up for PEOPLE’s free daily newsletter to stay up-to-date on the best PEOPLE has to offer, from celebrity news to compelling human interest stories.

“RESOLVE grieves with couples who have lost their embryos because we know how many challenges people with infertility face as they try to build their families. Unfortunately, this decision against families is likely to have devastating consequences, including affecting the standard of care provided by the state’s five infertility clinics “, the press release continues.

Categories: Trends
Source: HIS Education