ACTION 8 UPDATE: UAB hospital puts hold on in vitro fertilizations after Alabama Supreme Court decision
ACTION 8 UPDATE: UAB hospital in Birmingham has paused in vitro fertilization treatments as health care providers weigh the impact of the Alabama Supreme Court ruling that frozen embryos are the legal equivalent of children.
The University of Alabama at Birmingham said in a statement that its UAB Division of Reproductive Endocrinology and Infertility has paused the treatments “as it evaluates the Alabama Supreme Court’s decision that a cryopreserved embryo is a human being.”
“We are saddened that this will impact our patients’ attempt to have a baby through IVF, but we must evaluate the potential that our patients and our physicians could be prosecuted criminally or face punitive damages for following the standard of care for IVF treatments,” the statement emailed by spokeswoman Savannah Koplon read.
Other fertility treatment providers in the state were continuing to provide IVF as lawyers explored the impact of the ruling.
The ruling by the Alabama Supreme Court prompted a wave of concern about the future of IVF treatments in the state and the potential unintended consequences of anti-abortion laws.
Justices — citing language in the Alabama Constitution that the state recognizes the “rights of the unborn child” — said three couples could sue for wrongful death when their frozen embryos were destroyed in a accident at a storage facility in Mobile.
“Unborn children are ‘children’ … without exception based on developmental stage, physical location, or any other ancillary characteristics,” Justice Jay Mitchell wrote in Friday’s majority ruling.
Mitchell said the court had previously ruled that a fetus killed when a woman is pregnant is covered under Alabama’s Wrongful Death of a Minor Act and nothing excludes “extrauterine children from the Act’s coverage.”
The ruling brought a rush of warnings about the potential impact on fertility treatments and the freezing of embryos, which had previously been considered property by the courts. Groups representing both IVF treatment providers and patients seeking fertility treatments raised alarm about the decision.
The Medical Association of Alabama released a statement, saying:
“The significance of this decision impacts all Alabamians and will likely lead to fewer babies—children, grandchildren, nieces, nephews, and cousins—as fertility options become limited for those who want to have a family.
“In addition, the ruling has already forced UAB, the largest healthcare system in the State of Alabama, to stop providing IVF services to Alabama couples. Others will likely do the same, leaving little to no alternatives for reproductive assistance. IVF is oftentimes the only option for couples wanting to conceive.”
It is asking the Alabama Supreme Court to stay or revisit its ruling.
(Copyright 2024 The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.)
