MONTGOMERY, Ala. – Lawmakers in Alabama are moving closer to passing legislation that would grant immunity to in vitro fertilization (IVF) providers, responding to public pressure following a court ruling that categorized frozen embryos as children. The proposed law aims to shield providers from lawsuits and criminal prosecution if an embryo is damaged or dies during IVF services. The legislation will be debated in committees in both the Alabama House of Representatives and the Alabama Senate on Tuesday. Republican Senator Tim Melson, the sponsor of the Senate bill, hopes to secure approval and present the proposal to Governor Kay Ivey by Wednesday.
The recent decision by the Alabama Supreme Court, which treated embryos as children under the wrongful death statute, prompted three major IVF providers in the state to pause their services. The ruling raised concerns among clinics regarding civil liabilities. It also sparked a national backlash, with many groups expressing worries about treating embryos as children. Patients in Alabama shared stories of canceled embryo transfers and uncertainties about their future paths to parenthood.
Republican lawmakers in the GOP-dominated Alabama Legislature see the proposed immunity legislation as a potential solution to the concerns of clinics. However, they have not addressed the legal status of embryos created in IVF labs. While Alabama providers have shown support for the proposed immunity bill, The American Society for Reproductive Medicine does not believe it goes far enough. According to spokesman Sean Tipton, the legislation does not address the court ruling’s fundamental problem of treating fertilized eggs as children.
House Democrats proposed legislation stating that an embryo outside a uterus should not be considered an unborn child or human being under state law. They argued that this direct approach would effectively resolve the issue. However, the proposal has not been brought to a vote by Republicans.
The proposed legislation includes provisions stating that no action, suit, or criminal prosecution can be brought for damage to or the death of an embryo related to IVF services. The bills, approved by both the House and Senate last week, are nearly identical, except the House version also provides lawsuit protections for the products used in IVF procedures. Some have expressed concerns about exempting these products from liability, including the nutrient-rich solutions that aid embryo development. There have been accusations of embryo loss caused by faulty batches of storage solutions.
Alabama lawmakers are aiming to pass the immunity legislation swiftly in response to the heightened public demand to restart IVF services. The proposed law seeks to protect providers from legal repercussions and address the uncertainty created by the court ruling.