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Amidst the evolving landscape of reproductive rights, a recent ruling by the Alabama Supreme Court has thrust the practice of IVF into the spotlight, prompting widespread concern and debate over its implications for fertility treatment nationwide.
In Vitro Fertilization (IVF) is a widely used fertility treatment that helps individuals or couples conceive a child.
The process involves stimulating the ovaries to produce multiple eggs, retrieving the eggs, fertilizing them with sperm in a laboratory, and transferring one or more fertilized eggs (embryos) to the uterus.
The global use of IVF has seen a steady rise, reflecting its widespread acceptance and effectiveness in addressing various causes of infertility.
The availability and accessibility of IVF has expanded, making it a widely sought-after option for those navigating the complexities of infertility. Over 10 million babies have been born worldwide through IVF since its inception over four decades ago.
However, a recent Alabama Supreme Court ruling, stating that frozen embryos are to be legally considered children, has sent shockwaves through the realm of fertility treatments, particularly impacting IVF procedures.
This decision, rooted in Alabama statute and its constitution, has raised concerns about the future of IVF treatments in the state and beyond.
Details of the lawsuit
The case stems from three couples who underwent IVF treatment at a fertility clinic in Alabama. All three, thanks to the treatment received, managed to conceive and give birth to healthy babies.
The IVF procedure requires additional embryos to be produced as some eggs may not develop or fertilize well after they’re combined with the sperm. Hence, these additional embryos that are not used are frozen and preserved by the fertility clinic. Nevertheless, when the patient has no need for the embryos or if it presents with genetic abnormalities, it is discarded.
In the context of this lawsuit, the couple’s embryos had been cryogenically preserved at the fertility clinic. However, in late 2020, a patient of the hospital where the clinic is located opened the tanks where the embryos were stored.
Due to the sub-freezing temperatures, a patient burned themselves upon failing to take safety precautions during collection and ultimately dropped the embryos, destroying them.
Out of the two lawsuits filed, the one that created a major storm lamented the hospital and clinic citing the ‘Wrongful Death of a Minor Act’, which was initially dismissed at the trial court.
Unsatisfied, the couples appealed to the Supreme Court of Alabama which ruled otherwise, stating that the Act ‘includes unborn children who are not located in utero at the time they are killed’.
Shortly after the ruling, out of eight of the main fertility clinics in Alabama, three decided to halt IVF treatments including the state’s largest hospital, the University of Alabama at Birmingham.
