TL/DR –
Following a ruling by the Alabama Supreme Court that embryos created through in vitro fertilization (IVF) are considered children, several fertility clinics and shipping services are pausing embryo transfers in or out of Alabama. Many doctors and patients are uncertain about the restrictions this ruling places on fertility treatments, leading some patients to consider moving their embryos out of the state, an option currently unavailable. The Alabama court ruling could hold individuals legally responsible for the destruction of an embryo under the state’s Wrongful Death Act, causing providers of IVF services and embryo transport to fear potential legal consequences.
Frozen Embryo Shipping Halted Following Alabama Court Ruling
Several fertility clinics and shipping services are delaying the transfer of frozen embryos from Alabama to other states, due to a recent Alabama court ruling which styles embryos created via in vitro fertilization as children.
Following the Alabama Supreme Court decision, elements of fertility treatment are in question, causing several Alabama providers to halt IVF services. National Infertility Association, RESOLVE, made a statement that many embryo shipping services nationwide will cease transporting embryos to and from Alabama.
Impacts of the Alabama Court Ruling on Fertility Clinics
Such a decision causes serious concern for patients undergoing IVF treatment, with some considering moving their embryos out of state to continue the process. The University of Alabama at Birmingham and other IVF providers have paused shipping of embryos, awaiting clarification on the legal implications.
With shipping companies also assessing the risks associated with the Alabama Supreme Court ruling, patients are left with no options to transport their embryos to other facilities.
Patients Left in Limbo
Patients like Meghan Cole, who planned to have her embryo implanted in a surrogate, are now in a state of uncertainty. She inquired about transferring her embryos to an out-of-state facility, only to learn that the transfer is currently not possible due to potential liability issues.
Furthermore, the Alabama court’s decision means that anyone can be held legally responsible for the destruction of embryos, increasing fears of legal repercussions amongst providers of IVF services and embryo transport.
Legal Implications and Future Prospects
Legal experts are cautious about the wider implications of this ruling. The Alabama Legislature could act to protect IVF, with a bill already introduced in the Alabama House of Representatives to stipulate that embryos outside of a uterus are not unborn children or human beings under state law.
However, it remains unclear when fertility clinics will resume normal operations or whether patients will have to continue paying storage fees for their frozen embryos, which can range from $350 to $1,000 per year.
—
Read More US News