The U.S. has burst into debate following the Alabama Supreme Court’s monumental ruling on February 16. The ruling dictated that frozen embryos used in the in vitro fertilization (IVF) process would be considered children and therefore their destruction qualified under the Wrongful Death of a Minor Act, meaning patients and physicians could be prosecuted for following standard procedures for IVF treatments.
IVF is the fertilization of an egg in a lab setting that is later implanted into a uterus to commence a pregnancy. Around 2% of babies are conceived this way, according to the Centers for Disease and Prevention. As such, it is one of the most common forms of assisted reproductive technology.
IVF has been around for nearly 50 years, however following the overturning of Roe V Wade in 2022, the legality of the treatment came to be under question. The 2022 ruling allowed states to determine whether abortion was legal within their borders. According to The Guardian, 14 states have banned abortion since Roe v Wade was overturned, and several others have placed limitations on it, labeling fetuses as kids.
The Alabama Supreme Court ruling came as a result of three couples filing wrongful death claims against a fertility clinic, where their embryos had been destroyed. A trial court initially dismissed their concerns, however further appeal to the Supreme Court of Alabama led to a more favorable outcome for the couples- ruling that the embryos were considered children and therefore their destruction could be filed under the Wrongful Death of a Minor Act.
Immediately, concerns sparked across the state and several fertility clinics in Alabama halted IVF treatments. Many say they were scared they would be held liable for unsuccessful pregnancies and standard handling of embryos. The University of Alabama in Birmingham (UAB) health system was the first organization to express its concerns.
“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,” they said in a statement on February 21. “Our commitment to our patients has not wavered; but we must comply with the law, and want to ensure that you and our team members are protected from any type of prosecution,” they continued.
Notable political figures have rushed to stand in support of IVF treatments, including former President Donald Trump and several Alabama senate members. Senator Tammy Duckworth from Illinois proposed a bill to protect IVF access nationwide. Having had her two children through the process, she stands strongly against the Alabama Supreme Court’s decision
“They aren’t going to stop in Alabama. Mark my words: If we don’t act now, it will only get worse,” she warned during a Senate meeting on February 28.
Despite the actions being taken, the ruling has still affected countless individuals. Harper-Grace Niedermeyer was diagnosed with Stage 2 breast cancer at age twenty-seven. Doctors quickly notified her that IVF was her best shot at pregnancy someday. Niedermeyer executed this process with the UAB Health System, holding onto the hope that she’d one day be able to give birth.
“I’d lost most of my family, so going through the process of being able to potentially have that and save that, it kept me going through my cancer journey,” she told ABC News. “I remember writing my doctor at UAB a note after my egg retrieval process like, ‘Thank you so much. You don’t know how much you just gave me.’”
The Supreme Court of Alabama’s ruling has left Niedermeyer fearful.
“I would like to use them. It’s a very loaded question as to even where I could or where I would feel comfortable doing that,” she said.
Elizabeth Goldman shares similar concerns as a patient of UAB. She was born without a uterus, but IVF allows her to use a uterus transplant to have children. However, uterus transplants are unique in that they are temporary, as those with them have to take medicine to prevent their body from rejecting it.
“The reality is, without doing another embryo transfer, without doing IVF, without having access to it, my journey ends,” Goldman told CNN.
On February 29, the Alabama Senate and House passed bills to protect the right to IVF procedures. USA Today reported that the House bill passed by a vote of 94-6, and the Senate bill passed 32-0. They are currently in the opposite chambers for review.
