Three Alabama clinics pause IVF services after court rules that embryos are children

Ada News

February 27, 2024

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 Three Alabama clinics pause IVF services after court rules that embryos are children

A decision by the Alabama Supreme Court has left providers and patients unsure of whether parts of the in vitro fertilization process put them at legal risk.

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ess than a week after the Alabama Supreme Court ruled that embryos created through in vitro fertilization are considered children, three IVF providers in the state have suspended services as they consider the legal repercussions of the decision. The University of Alabama at Birmingham was first to announce the change on Wednesday. Then another practice, Alabama Fertility, posted a statement Thursday on social media saying it would put a hold on IVF treatments. The Center for Reproductive Medicine at Mobile Infirmary — the clinic sued in the court case — said Thursday that it would pause IVF procedures starting Saturday. “We understand the burden this places on deserving families who want to bring babies into this world,” said Mark Nix, CEO of Infirmary Health, the system that includes Mobile Infirmary. In its statement, Alabama Fertility said it was trying to find solutions for affected patients and "working as hard as we can to alert our legislators as to the far reaching negative impact of this ruling on the women of Alabama." Hannah Echols, a spokesperson for UAB, said that health system will continue to offer egg retrieval but will no longer fertilize eggs or develop embryos. "We are saddened that this will impact our patients’ attempt to have a baby through IVF, but we must evaluate the potential that our patients and our physicians could be prosecuted criminally or face punitive damages for following the standard of care for IVF treatments," Echols said in a statement. The practice of IVF involves combining sperm and eggs in a lab to create embryos, then implanting one or more of those embryos in a person’s uterus. Extra embryos are often frozen and stored; however, embryos are also frequently discarded if they have genetic abnormalities or if patients do not need to use them. Because of the Alabama Supreme Court ruling, IVF providers now fear they or their patients could face legal penalties if they discard any embryos. However, many questions remain about the ruling's implications. The judges' decision came in response to a unique case in which a person wandered into an unlocked storage area at Mobile Infirmary in Mobile, Alabama, and dropped several frozen embryos on the floor. The court determined on Feb. 16 that the clinic's failure to secure that storage area violated the state’s Wrongful Death Act — which says an unjustified or negligent act that leads to someone’s death is a civil offense — because the frozen embryos were considered human beings.

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