The recent decision by the Alabama Supreme Court to classify frozen embryos as children according to state legislation is beginning to show its initial impact. One staggering implication of the decision is regarding the right of parents to determine the outcome and destination for embryos they have created but choose not to use.
Regular Order of Fertility Business to Destroy Extra Embryos
Up to this point, it was a regular part of IVF practice to destroy the embryos at the request of the parents or otherwise offer them for use in medical research. A human embryo is defined as the state of a developing, unborn offspring less than eight weeks from the point of fertilization.
Designation of Embryos as Children Under AL Law Limits Options
The designation of the embryos as children under the law would obviously impact whether the embryos could be destroyed (killed) or donated to medical research without consent (human rights infringement).
Legal Questions Coming to the Fore are Intimately and Morally Weighty
Given that likely just as many embryos are destroyed as are implanted into women’s uteruses, the legal questions raised are intimately and morally weighty. The Alabama Supreme Court ruled that frozen embryos can be considered “extrauterine children” under state law.
Law Professor Weighs in on Legal Impact of Ruling
UC Davis Professor of Law Mary Ziegler elaborated to NPR on the legal implications of the Alabama ruling. She states, “If embryos are persons under this ruling, that could have pretty profound downstream complications for how IVF is performed.”
Wishes IVF Patients Determines Whether Excess Embryos are Donated or Destroyed
“In IVF, generally more embryos are created than are implanted — they’re stored, sometimes they’re donated or destroyed, depending on the wishes of the people pursuing IVF,” said Ziegler.
Not Clear Whether Permissible to Donate or Destroy Embryos
“If an embryo is a person, it’s obviously not clear that it’s permissible to donate that embryo for research or to destroy it. It may not even be possible to create embryos you don’t implant in a particular IVF cycle,” Ziegler continued.
Wrongful Death Lawsuit Where Frozen Embryos Accidentally Destroyed
The Alabama Supreme Court verdict came to light following lawsuits for wrongful death filed by couples after their frozen embryos were destroyed due to an accident. As a result, fertility clinics may now face increased legal risks, and barriers could emerge in accessing IVF treatments.
Accidental Destruction vs. Willful Destruction at Patients’ Request
While the incident in question was the accidental destruction of embryos against the parent’s wishes, the looming question remains regarding the IVF patients, for whatever reason, wishing to destroy their embryos.
University of Alabama Halting IVF Operations Out of Caution as Ruling Assessed
Reflecting the ruling’s immediate influence, the University of Alabama Birmingham Hospital and two other clinics temporarily halted their IVF services to assess the ruling’s implications. Patients and providers are left unsure of how the new ruling puts them at legal risk.
Process of IVF and Actionable Options After Successful Fertilization
IVF involves the extraction of a woman’s eggs and fertilizing them with a man’s sperm in a laboratory setting. The embryo is then either immediately transferred back into the woman’s uterus, hoping to initiate a pregnancy, frozen for future use or adoption, or destroyed.
Common Practice to Create More Embryos Than Needed Due to Cost and Viability Rates
This procedure can involve multiple cycles and may use eggs and sperm from donors. It is common practice to create more embryos than is needed due to the fact that not all will be viable, and the process is costly.
Logistical Challenges of Moving and Storing Embryos Across State Lines
The ruling from Alabama raises questions about the future of IVF treatments in the state and potentially beyond. Concerns have been voiced about the increased costs and logistical challenges associated with moving and storing embryos out of state.
Legal and Reproductive Specialists Foresee Restrictions and Increased Costs for IVF
Legal experts and reproductive specialists fear the Alabama decision could lead to broader implications for fertility treatments, with potential restrictions and increased costs for families seeking IVF.
Ongoing Debate over Reproductive Rights and the Legal Status of Embryos
Doctors and legal experts outside Alabama also express apprehension about the national repercussions of this decision, suggesting it could significantly limit access to IVF treatments, raise the cost for prospective parents, and possibly decrease the number of available IVF providers. The ruling underscores a pivotal moment in reproductive law, highlighting the ongoing debate over reproductive rights and the legal status of embryos.
