Ruling on frozen embryos in Alabama could have major consequences

On Friday, Feb. 16, 2024, there was a ruling set by Alabama’s Supreme Court that will significantly affect couples who attempt to conceive in the state. The ruling, although vague, states that embryos are considered minors and that “negligence lawsuits could proceed,” due to this proceeding. Thus, the process of freezing embryos or in-vitro fertilization (IVF) could be considered forms of childbirth within the state. 

Since 1984, Americans have successfully provided and frozen usable embryos for implantation. This has made the IVF procedure a regular practice that doctors do safely and regularly. While the amount of embryos that can be taken is limited in other countries such as Italy, New Zealand, and Australia, it is not capped in the U.S. 

The case in Alabama began in December 2020, when a patient in a hospital with a fertility clinic opened a random in-vitro fertilization tank. Being that the embryos are stored in sub-freezing temperatures when the person grabbed them, they burned themselves, dropping and damaging the embryos in the process. This incident resulted in the couple responsible for the embryos bringing multiple lawsuits against both the fertility clinic and the hospital.

The prior act that led to this case was the Wrongful Death of a Minor Act—an Alabama regulation that goes back to 1872 before IVF existed in the United States. According to Johns Hopkins Hospital, “A parent could bring a claim under that act if a fetus developing in utero dies due to an incident.” When this lawsuit was brought to a trial court, it was ruled that the embryos were not people or children and did not fall under the Wrongful Death of a Minor Act.  

As a result, the couple brought the lawsuit to the Alabama Supreme Court where the justices disagreed and reversed the trial court’s decision. The Supreme Court agreed that frozen embryos are humans and the couple is looking for “punitive damages for what they say is the wrongful death of their children.” 

The consequences of this action have quickly transpired, as just weeks after the Supreme Court’s ruling, two out of the eight fertility clinics in Alabama paused their IVF treatments. This ruling may affect many people in the future, as 19% of women and 15% of men in the United States are not able to conceive children. According to the New York Times, this will “disproportionately affect lower-income people, people of color, and people in L.G.B.T. communities.” Numerous professionals in the medical field have stated that IVF treatment is a family-building treatment and should be supported by Alabama's Pro-Life activists and believers. 

While the future of in-vitro fertilization in Alabama is still unknown, it is unlikely that this case will head to the United States Supreme Court. Therefore, it is still plausible that people will be able to receive this treatment outside of the state of Alabama.