Alabama Supreme Court Recognizes Frozen Embryos as ‘Children’
TL/DR –
The Alabama Supreme Court has ruled that frozen embryos are classified as “children,” allowing two wrongful death suits against a Mobile fertility clinic to continue. The ruling was in response to a 2021 case where a patient accidentally destroyed several embryos at the clinic. Critics suggest this could have significant implications for those seeking in vitro fertilization or other assisted reproductive treatments, and could increase the criminalization of expectant people.
Alabama Supreme Court Classifies Embryos as ‘Children’
In an unprecedented ruling, the Alabama supreme court has determined that frozen embryos are legally considered ‘children’. This decision gives the green light for two wrongful death lawsuits against a Mobile fertility clinic and could have major implications for those seeking in vitro fertilization (IVF) or other assisted reproductive technologies.
Incident at Mobile’s Center for Reproductive Medicine
In 2021, a patient at Mobile’s Center for Reproductive Medicine inadvertently caused the death of several embryos kept in the clinic’s cryogenic nursery. The three families who lost their embryos filed wrongful death lawsuits, but the clinic argued that Alabama’s Wrongful Death of a Minor Act did not extend to embryos outside of a womb. This view was initially supported by a local judge, but was overturned by the state’s supreme court.
Embryos Protected Under Existing Law
Justice Jay Mitchell of the Alabama supreme court opined that embryos, regardless of their location, are protected under existing law. This underscores the ongoing efforts by anti-abortion advocates for personhood amendments that would grant the same rights to fetuses and embryos as to born children. Despite the overturning of Roe v Wade, the campaign for personhood laws continues.
Fetal Homicide Laws and Personhood Rights
Since the mid-1980s, almost 40 states have enacted fetal homicide laws, with many prosecuting pregnant women for certain behaviors. In Alabama, the state’s chemical endangerment law has been used to prosecute drug-using expectant mothers. In 2018, Alabama voters passed a measure granting full personhood rights to fetuses, though it did not specify if this applied to frozen embryos.
Biblical References and Dissenting Opinions
The Alabama supreme court ruling repeatedly cites biblical references and discusses the sanctity of life. Chief Justice Thomas Parker emphasized that all human life, even unborn, reflects the image of God. Contrarily, Cook, the only dissenting judge, argued that such decisions should be legislative rather than judicial.
Impact on Upcoming Elections
The recent ruling could bring the issue of personhood to the forefront in the 2024 elections, reflecting the ongoing debate surrounding reproductive rights and personhood laws in Alabama.
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