Three major IVF providers paused services after the state Supreme Court ruled that three couples who had frozen embryos destroyed in an accident at a storage facility could pursue wrongful death lawsuits.
Legislation to restart in-vitro fertilization in Alabama is likely to pass the state Senate and House and become law. MONTGOMERY, Ala. — Alabama Gov. Kay Ivey signed legislation into law Wednesday shielding in vitro fertilization providers from potential legal liability raised by a court ruling that equated frozen embryos to children.by the Alabama Supreme Court last month raised concerns about civil liabilities for clinics and prompted an outcry from patients and other groups.
Republican Sen. Tim Melson, the bill sponsor, said he was “just elated to get these ladies back on schedule.” Republicans in the GOP-dominated Alabama Legislature looked to the immunity proposal as a solution to clinics’ concerns. But they have shied away from proposals that would address the legal status of embryos created in IVF labs.
Melson, who is a doctor, said lawmakers may have to come back with additional legislation but said it should be based on “science not feelings.” Goldman, who had her daughter through IVF after a uterus transplant, hopes to become pregnant with a second child. But those plans were cast into doubt when IVF services were paused. With a complex medical history and a team of doctors involved in her care, she couldn’t just move to another state, she said.
The American Society for Reproductive Medicine, a group representing IVF providers across the country, said the legislation does not go far enough. Sean Tipton, a spokesperson for the organization, said the legislation does not correct the fundamental problem, which he said is the court ruling “conflating fertilized eggs with children.”
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