Alabama Rules That Frozen Embryos Are 'Children

Alabama Rules That Frozen Embryos Are 'Children' | HuffPost Latest News https://www.huffpost.com/entry/alabama-ruling-frozen-embryos-childr...
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U.S. NEWS ALABAMA ROE V WADE IVF
Alabama Supreme Court Rules That Frozen Embryos

Are 'Children'
In a theology-heavy ruling, the Alabama Supreme Court will allow a couple to sue for
the "wrongful death" of their frozen embryos obtained through IVF.
By Taiyler S. Mitchell
Feb 18, 2024, 11:01 PM EST
707 COMMENTS
1 of 24 2/19/24, 6:57 AM
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The Alabama Supreme Court ruled Friday that frozen embryos are
children, which pro-choice rights groups have warned could have
dangerous implications for fertility treatments such as in vitro
fertilization.
The Alabama Supreme Court on Friday reversed Mobile County

Circuit Court Judge Jill Parrish Phillips’ decision to dismiss a lawsuit
in which a couple sued an Alabama fertility clinic and hospital for the
“wrongful death” of their frozen embryos in a ruling that was riddled
with theology. The couple’s frozen embryos were destroyed after a
hospital patient who accessed the freezer that held the embryos
dropped them on the floor. The ruling means that the couple can sue
for wrongful death.
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“[T]he Wrongful Death of a Minor Act is sweeping and unqualified. It

applies to all children, born and unborn, without limitation,” the ruling
said. “It is not the role of this Court to craft a new limitation based on
our own view of what is or is not wise public policy. That is especially
true where, as here, the People of this State have adopted a
Constitutional amendment directly aimed at stopping courts from
excluding ‘unborn life’ from legal protection.”
The ruling pointed to the Alabama Constitution Section 36.06, which

argues that each person was made in God’s image, meaning each
life has an incalculable value that “cannot be wrongfully destroyed
without incurring the wrath of a holy God.”
“Section 36.06 recognizes that this is true of unborn human life no

less than it is of all other human life ― that even before birth, all
human beings bear the image of God, and their lives cannot be
destroyed without effacing his glory,” the ruling stated, referring to
the Alabama Constitution’s Section 36.06.
The Medical Association of the State of Alabama previously warned

that such a ruling could bring about harmful consequences for
fertility treatment in Alabama, according to AL.com.
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“The potential detrimental impact on IVF treatment in Alabama

cannot be overstated,” according to a brief filed by the medical
group, AL.com reported. “The increased exposure to wrongful death
liability as advocated by the Appellants would – at best –
substantially increase the costs associated with IVF. More ominously,
the increased risk of legal exposure might result in Alabama’s fertility
clinics shutting down and fertility specialists moving to other states to
practice fertility medicine.”
Alabama has a total abortion ban, which went into effect after the
U.S. Supreme Court overturned Roe v. Wade with the monumental
Dobbs decision in June 2022.
The fight over abortion is implicitly linked to fertility treatments in the

same way that anti-abortion activists argue life begins before birth
and should be protected. With a treatment like IVF, a patient’s eggs
are fertilized with sperm outside of the body before being implanted
into the patient’s uterus. However, because a patient only needs one
egg to successfully become pregnant, leftover eggs may be
discarded.
Democrats and pro-choice advocates across the country have been

working to protect access to fertility treatments against the anti-
abortion movement since the Roe’s reversal.
Last month, Sen. Tammy Duckworth (D-Ill.) and Rep. Susan Wild (D-
Pa.) introduced the Access to Family Building Act, a bill that could
proactively establish IVF and other fertility treatments as a right for
patients and physicians.
4 of 24 2/19/24, 6:57 AM
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By contrast, some Republicans in Florida, which is a notably anti-

choice state like Alabama, introduced a bill in January that would
threaten the presence of fertility treatments by allowing parents to
seek civil damages for the death of a fetus.
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Alabama Rules That Frozen Embryos Are 'Children' | HuffPost Latest News https://www.huffpost.com/entry/alabama-ruling-frozen-embryos-childr...

Adam Sandler’s NSFW Speech At The

The Best Presidents Day Sales To Shop This Weekend

U.S. NEWS ALABAMA ROE V WADE IVF

Alabama Supreme Court Rules That Frozen Embryos

The Alabama Supreme Court on Friday reversed Mobile County

“[T]he Wrongful Death of a Minor Act is sweeping and unqualified. It

The ruling pointed to the Alabama Constitution Section 36.06, which

“Section 36.06 recognizes that this is true of unborn human life no

The Medical Association of the State of Alabama previously warned

“The potential detrimental impact on IVF treatment in Alabama

The fight over abortion is implicitly linked to fertility treatments in the

Democrats and pro-choice advocates across the country have been

By contrast, some Republicans in Florida, which is a notably anti-

Our 2024 Coverage Needs You

As Americans head to the polls in 2024, the very future of our

We cannot do this without your help. Support our newsroom by

Florida Democrats Are Donald Trump Is Why Abortion

Republicans Gearing Up To Plotting Matters In This Support Us

VIEW 707 COMMENTS

Do you have info to share with HuﬀPost reporters? Here’s how.

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Alabama Rules That Frozen Embryos Are 'Children

Alabama Rules That Frozen Embryos Are 'Children