Home World Alabama Supreme Court Rules Frozen Embryos Are ‘Children’

Alabama Supreme Court Rules Frozen Embryos Are ‘Children’

Laboratory personnel.  (Reuters)

The Supreme Court of Alabama, in the United States, decided that frozen embryos should be considered children according to state law. This ruling, which stems from two wrongful death lawsuits filed by couples whose embryos were destroyed in a fertility clinic accident, could have a profound impact on fertility treatments in the state.

The justices relied on an anti-abortion provision in the Alabama Constitution, arguing that it was a state law dating back to 1872 The law allows litigation over the death of a minor child and applies to all unborn children, regardless of your location. The ruling sparked concern and criticism because it could change the legal status of embryos that were previously considered property.

“Unborn children are ‘children’ … with no exceptions based on their developmental stage, physical location, or other complementary characteristics,” Justice Jay Mitchell wrote in the all-Republican court’s majority decision Friday.

The verdict was issued after the accident at a fertility clinic that destroyed frozen embryos. The all-Republican court ruled that “unborn children are, without exception, “children” based on their development or physical location.

This ruling sparked concern among the medical community and critics. who fear that it could have a negative impact on fertility treatments and embryo freezing, was previously considered property. Barbara Collura, CEO of the national infertility association RESOLVE, raised concerns and questioned the practice of in vitro fertilization.

The American Society for Reproductive Medicine also weighed in, noting that at least one fertility clinic in Alabama had suspended IVF treatment following the court decision. They warn that this decision could limit the availability of modern healthcare services and result in criminal or civil charges against treatment providers.

Gabby Goidel, who is undergoing IVF treatment in Alabama, expressed her concerns following the decision. While his clinic continues to offer treatment for now, he fears this situation could change in the future.

The case thatCouples who paid for embryo freezing led to this ruling in a fertility clinic. In 2020, a person broke into the facility and dropped and destroyed several embryos. The judges ruled that the couple’s wrongful death lawsuits could proceed.


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