Alabama Supreme Court Rules Frozen Embryos Are ‘Children’ — Fertility Treatments May Be Affected
For the first time ever, Alabama's Supreme Court has recently ruled that frozen embryos are "children" and that those who seek to destroy the embryo can be held accountable for wrongful death.
Critics like Dana Sussman — the deputy executive director of legal advocacy group Pregnancy Justice — are reportedly concerned that defining embryos as people could spread nationally, mentioning one religious group already citing the court ruling in a Florida abortion rights case.
This supreme court decision resurfaces the nation's concern regarding when life begins. Reproductive advocates say this ruling could have a significant effect on infertility treatments for hundreds of Alabamians.
"This is part of a long and strategic march towards entrenching this ideology of fetal personhood, that is at the heart of controlling pregnant people, their decisions and their birth outcomes," Sussman told CNN.
Last year the World Health Organization (WHO) published a report stating 1 in 6 worldwide experience infertility issues, showing an urgent need to increase access to affordable, high-quality fertility care for those in need.
The Alabama ruling, which was released on Friday, could greatly affect those participating in in vitro fertilization (IVF), or those seeking the treatment. It may also pose an unexpected increase in the criminalization of expectant women.
Although this doesn't prohibit IVF in any way, it would be the first time ever that a human embryo is considered a human being by law.
Critics say this could result in a massive increase in liability costs, fertility treatment prices, and could deter the healthcare industry from providing the treatment due to risks of being held liable for complicated or unsuccessful pregnancies.
Alabama Supreme Court Justice Greg Cook weighed in, highlighting the risks that healthcare companies and professionals may face taking on fertility treatment services.
"No rational medical provider would continue to provide services for creating and maintaining frozen embryos knowing that they must continue to maintain such frozen embryos forever or risk the penalty of a Wrongful Death Act claim," he started.
He continued: "There is no doubt that there are many Alabama citizens praying to be parents who will no longer have that opportunity."
