Justices Decline to Review Alabama Court Ruling
The U.S. Supreme Court on Monday declined to hear an appeal from an Alabama fertility clinic and hospital challenging a state ruling that could open the door to wrongful death lawsuits over the destruction of frozen embryos. The decision not to review the case leaves in place a February ruling by the Alabama Supreme Court, which allowed a couple to sue the clinic and hospital after one of their frozen embryos was accidentally destroyed, classifying the embryo as a “minor child.”
The justices declined to comment on the petition, effectively leaving the Alabama court’s decision intact.
Concerns for IVF Services and Legal Liability
The Alabama ruling had sparked nationwide concern about the future of in vitro fertilization (IVF) services, with legal experts warning that such lawsuits could lead to increased liability for fertility clinics. Following the decision, several major IVF providers in Alabama temporarily suspended services while awaiting further clarification on their legal risks.
In response to growing concerns, Alabama lawmakers passed legislation providing immunity from future wrongful death lawsuits for fertility providers. Services have since resumed.
The Clinic’s Appeal and Legal Arguments
The Center for Reproductive Medicine and Mobile Infirmary Medical Center, the two medical providers involved in the case, petitioned the U.S. Supreme Court in August, asking the justices to clarify whether the couple could bring a wrongful death lawsuit under Alabama law. The clinic argued that the state court’s decision violated constitutional protections, including due process and fair notice.
“In an astonishing decision, and ignoring over 150 years of the statute’s interpretive history, the Supreme Court of Alabama held here that an unimplanted, in vitro embryo constitutes a ‘minor child’ for purposes of the statute,” the providers’ legal team argued in their petition. They expressed concern that this new interpretation could drastically change how fertility clinics operate in the state.
Impact of the Ruling on the Fertility Industry
The Alabama Supreme Court’s ruling caused an immediate reaction among fertility clinics, with some halting IVF services to avoid potential legal action. Following the ruling, medical professionals and legal experts expressed fears that other states might follow suit, further complicating the already intricate legal landscape surrounding IVF procedures and reproductive medicine.
