A medical school in Alabama has halted its in vitro fertilization (IVF) procedures following a groundbreaking ruling by the state’s Supreme Court last Friday. The court declared that frozen embryos are legally recognized as “children”.
This decision is expected to carry significant implications for individuals seeking IVF or other assisted reproductive technology treatments.
In a statement issued Wednesday, Savannah Koplon, speaking on behalf of the University of Alabama at Birmingham, expressed regret over the impact of the recent court ruling on patients undergoing in vitro fertilization (IVF). The institution, which serves as a leading research university and academic medical center in the state, emphasized the need to assess the potential legal consequences facing both patients and physicians for adhering to standard IVF protocols.
According to a statement, the UAB Division of Reproductive Endocrinology and Infertility has temporarily halted in vitro fertilization (IVF) procedures. This decision comes as the division assesses the recent ruling by the Alabama Supreme Court, which deemed a cryopreserved embryo as a human being.
The statement also emphasized that solely IVF treatment is paused.
The university clarified that all procedures up to egg retrieval are unaffected and remain operational. However, the fertilization of eggs and subsequent embryo development have been put on hold.
Notably, the university hosts a division specializing in reproductive endocrinology and infertility.
In standard IVF practice, patients undergo ovarian stimulation to produce multiple eggs, which are then retrieved. These eggs are subsequently fertilized with sperm to form embryos, which are either implanted in the patient’s uterus or cryopreserved for future use.
In the ruling issued last Friday, the Alabama Supreme Court permitted two wrongful death lawsuits to move forward against a fertility clinic in Mobile. This decision essentially establishes fertilized eggs and embryos as legally recognized “children.”
The lawsuits stem from a 2021 incident at Mobile’s Center for Reproductive Medicine, where a patient gained access to the clinic’s cryogenic nursery and removed several embryos. According to the lawsuit, the extreme subzero temperatures at which the embryos were stored resulted in freeze burns to the patient’s hand, leading to the accidental dropping of the embryos on the floor, resulting in their demise.
While the three couples who experienced the loss of frozen embryos filed lawsuits for wrongful death, the clinic argued that Alabama’s Wrongful Death of a Minor Act did not extend to embryos outside of the womb. Initially, the Mobile County Circuit Court Judge Jill Parrish Phillips dismissed the case based on this argument. However, eight judges on Alabama’s Supreme Court overturned this decision.
Alabama Supreme Court Justice Jay Mitchell emphasized that embryos are protected under the state’s existing law. In his statement, he addressed the central question surrounding the case, which pertained to the death of embryos stored in a cryogenic nursery. Mitchell clarified that, according to established legal principles, the Wrongful Death of a Minor Act encompasses all unborn children, regardless of whether they are located within a biological uterus at the time of their demise.
Mitchell further characterized the act as “sweeping and unqualified,” emphasizing its applicability to all children, born and unborn, without exception. He asserted that it was not within the court’s jurisdiction to impose new limitations based on subjective views of public policy. Mitchell highlighted that the people of Alabama had ratified a constitutional amendment explicitly aimed at preventing courts from excluding “unborn life” from legal protection.
Following the ruling, individuals in Alabama seeking to start families have voiced concerns regarding their existing embryos. Dr. Mamie McLean, an OB-GYN at Alabama Fertility, which operates three locations in the state and offers IVF services, expressed patients’ apprehensions. She stated, “They’re worried about what to do with their frozen embryos. They want to be the ones who make the decisions on how best to utilize their embryos – not the Supreme Court. Frankly, because of the lack of guidance, we don’t know exactly how this translates to our care.”
Following UAB’s decision to pause IVF procedures, Barbara Collura, president and CEO of Resolve: The National Infertility Association, and leader of the organization’s Fight for Families Campaign, released a statement expressing deep sorrow. Collura stated that Resolve is “absolutely heartbroken” for the Alabama family-building community.
She highlighted the challenging situation faced by the University of Alabama at Birmingham (UAB) health system, the largest healthcare system in the state. UAB was compelled to make a difficult choice: either halt IVF procedures for individuals hoping to start families or potentially subject patients and doctors to prosecution.
Collura emphasized the immense difficulty individuals facing infertility endure, especially throughout a standard IVF cycle. She highlighted the emotional and physical toll of the process, which involves significant investments of time, finances, and emotional energy.
The recent ruling by the Alabama Supreme Court, followed by UAB’s decision to pause IVF procedures, has dealt a devastating blow to the hopes and dreams of Alabamans seeking treatment. Collura described the ruling and its consequences as cruel, leaving individuals in the midst of fertility treatments feeling crushed and disheartened.
Moreover, Collura expressed concern that these developments in Alabama could set a precedent with broader implications nationwide. She pledged to continue the fight for increased access to care for the one in six adults across the country who grapple with infertility.
