Wrongful Death Lawsuit Sparks Legal Battle Over Embryo Status
A legal battle continues in Alabama over the status of embryos used in in vitro fertilization (IVF). Couples who previously sued fertility providers over the destruction of frozen embryos are challenging a new state law granting immunity to these providers.
Embryo Destruction Lawsuits Lead to Service Disruptions
Three couples filed wrongful death lawsuits against an Alabama fertility clinic and hospital after the accidental destruction of their frozen embryos. In a controversial February 2024 decision, the Alabama Supreme Court sided with the couples, allowing them to pursue legal action due to the court’s classification of frozen embryos as “extrauterine children.” This ruling prompted three major fertility clinics in the state to temporarily suspend IVF services due to liability concerns.
Legislature Scrambles to Protect IVF Access with Immunity Law
Facing public pressure and the potential loss of IVF services, the Alabama legislature quickly passed a new law granting legal immunity to IVF providers. This legislation, enacted in March 2024, shields clinics from lawsuits related to “damage or death of an embryo” during IVF procedures. However, the law allows for lawsuits against manufacturers of IVF-related products, with limitations on potential damages awarded.
Couples Argue Immunity Law is Unconstitutional
The couples involved in the original lawsuits are now challenging the new immunity law. They argue that the law violates the Alabama Constitution, which recognizes the rights of unborn children. Additionally, they claim the law infringes on their due process and equal protection rights. Their lawyers argue that IVF providers, like other healthcare professionals, should be held accountable for medical negligence under existing state law.
Federal Efforts to Expand IVF Access
In a move seen as politically motivated, Democratic lawmakers in Congress are proposing legislation to guarantee access to IVF and other fertility treatments. This effort highlights the growing national debate surrounding reproductive rights.
