After a contentious Alabama Supreme Court decision, State Senator Tim Melson has filed a bill designed to safeguard the state’s in vitro fertilization (IVF) industry. The proposed Senate Bill 160 aims to prevent further IVF clinics from suspending their operations by granting criminal and civil immunity to healthcare providers engaged in the provision of IVF treatments, provided they adhere to “commonly accepted practices”.
In February 2024, the Alabama Supreme Court ruled in favor of deeming frozen embryos as children under the state law in the case, LePage v. Mobile Infirmary Clinic, Inc. This case examined whether the Wrongful Death of a Minor Act applied to the destruction of frozen embryos. The court ruled that the frozen embryos should be considered children under the law, and thus the Wrongful Death Act would apply.
This ruling has stirred a controversy throughout the state, leading at least three of the state’s eight IVF clinics to suspend IVF related procedures, due to possible legal repercussions. In response, many patients with frozen embryos stored in Alabama are taking action to transport their embryos out of the state.
The backlash from the Alabama ruling has also had repercussions beyond state boundaries, as lawmakers from states, like Florida, mulling over similar rulings, have slowed their progress. Florida lawmakers who were contemplating a “fetal personhood” bill have now postponed their decision in the light of the controversy surrounding the Alabama Supreme Court ruling.