On Wednesday night, Alabama Governor Kay Ivey signed a bill into law that protects in vitro fertilization (IVF) providers from legal liability. This legislative move comes in the wake of a highly debated February 16 Alabama Supreme Court ruling that classified embryos as children under the state’s Wrongful Death of a Minor Act.
The recent law aims to shield IVF providers from certain civil lawsuits and criminal prosecutions. More specifically, it states: “Related to in vitro fertilization and notwithstanding any provision of law, including any cause of action provided in Chapter 5 of Title 6, Code of Alabama 1975, no action, suit, or criminal prosecution for the damage to or death of an embryo shall be brought or maintained against any individual or entity when providing or receiving services related to in vitro fertilization.” The law implies a retroactive protection, preventing IVF patients from suing providers over damage or death of an embryo, even if the incident occurred prior to the passing of this law.
The decision to legally safeguard IVF providers was triggered by a potent public backlash after the Supreme Court ruling. As a result of the legal ambiguity introduced by the court’s decision, some IVF providers in Alabama put a halt to services out of concern for potential litigation.
In her announcement, Governor Ivey recognized the complexity of IVF as an issue and anticipated more work in the future. However, she expressed confidence that the current legislation would provide the necessary assurances for IVF clinics to resume services promptly.
For more detailed information on this development, the full news can be found here.