The ruling by the Alabama Supreme Court in LePage v. Mobile Infirmary Clinic, Inc. has significant implications for individuals and couples dealing with infertility and for the fertility clinics, physicians, and staff who provide them with the treatment that allows them the opportunities to build their families. The Court’s decision, which classifies frozen embryos as children protected under Alabama’s Wrongful Death of a Minor Act, is steeped in religious and constitutional language.
The case originated from an unfortunate incident at an IVF clinic in Alabama where frozen embryos were damaged, rendering them unusable by the patients to grow their families. While this specific case revolves around a single incident, the broader implications extend to all patients, fertility clinics, and the entire IVF process.
In brief, these are some of the major implications of this decision and the potential impact it will have:
One
Given the expansive interpretation of Alabama’s Wrongful Death of a Minor Act by the Court, all frozen embryos could potentially be granted the same legal rights as children. This raises questions about the legal implications for fertility clinics and individuals involved in the IVF process, including the lawfulness of the disposal or destruction of unused embryos with potential ramifications reaching far beyond the state of Alabama.
Two
As expressed by SEEDS (Society for Ethics for Egg Donation and Surrogacy) the “ruling, which equates fertilized frozen eggs with existent children or gestating fetuses, starkly contradicts established scientific understanding and undermines modern fertility care.” This decision not only affects the accessibility of fertility treatments in the state of Alabama but also questions the ethical foundation of the entire fertility sector, with an emphasis on flawed legal interpretations rather than on patient well-being and medical standards. Cryopreservation, crucial for fertility treatments, empowers individuals and couples in their journey towards parenthood. However, the Alabama ruling twists biological facts, endangering the availability of essential fertility services and potentially putting healthcare providers in difficult situations where they would face legal repercussions for providing standard care.
Three
ASRM (American Society for Reproductive Medicine) also expressed its great concern over the decision stating that the decision “flies in the face of medical reality and the needs of the citizens of Alabama.” ASRM maintains that, should this ruling remain in place, the implications will be significant. They stated that the people of Alabama will be deprived of access to fertility care, unjustly hindering their ability to create the families they desire. Medical professionals may opt not to pursue training or practice in the state. Additionally, existing clinics will face the dilemma of either sacrificing best patient care practices or closing down altogether. ASRM further stated that “the choice to build a family is a fundamental right for all Americans, regardless of where they live. We cannot, therefore, allow this dangerous precedent of judicial overreach with national implications to go unchecked.”
Four
RESOLVE, the National Infertility Association, also believes that the Alabama Supreme Court ruling has profound implications far beyond Alabama’s borders. Every American who wants or needs access to family building options like IVF should be deeply concerned about this decision and the precedent it sets for other courts around the country. Barbara Collura, the president and chief executive of RESOLVE, said in the New York Times on February 20, 2024, that the Alabama Supreme Court “changed the status of a microscopic group of cells to now being a person or a child . . . . They didn’t say in vitro fertilization is illegal, and they didn’t say that you can’t freeze embryos. It’s even worse – there is no road map.”
Five
The Alabama decision results in questions that are now left unanswered and opens professionals and patients to risk of both civil and possibly criminal charges. Fortunately, legislation known as the Access to Family Building Act (S.3612/ H.R.7056) has been introduced in Congress that, if passed, would ensure that the right to build a family through IVF remains protected. Please visit ASRM’s website to learn more about the proposed legislation and what you can do to help protect IVF across the entire United States.