The University of Alabama at Birmingham health system is pausing all in vitro fertilization (IVF) treatments for fear of lawsuits and criminal prosecution following a recent ruling from the state supreme court.
A spokesperson said the health system is evaluating the first-of-its-kind decision that declared frozen embryos are entitled to the same protections as humans, and those who destroy them can be held liable for wrongful death.
“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 health system said.
The ruling stems from two lawsuits filed by patients — against a hospital and fertility clinic — who underwent IVF procedures to have babies and then opted to have the remaining embryos frozen. But the remaining embryos were destroyed when a patient from the hospital walked into the storage area, removed them from a cryogenic freezer and dropped them on the ground.
The Alabama Supreme Court’s decision found that embryos and fertilized eggs are considered children under the Alabama Wrongful Death of a Minor Act, even if they have not been implanted in a uterus.
The Wrongful Death of a Minor Act “applies to all unborn children, regardless of their location,” wrote Alabama Supreme Court Justice Jay Mitchell.
In a concurring opinion, Chief Justice Tom Parker quoted scripture to note that divine law recognizes all human life as sacred.
“Even before birth, all human beings have the image of God, and their lives cannot be destroyed without effacing his glory,” Parker wrote. “We believe that each human being, from the moment of conception, is made in the image of God, created by Him to reflect His likeness.”
It is standard practice in IVF to fertilize several eggs and then transfer one into a woman’s uterus. Any remaining normally developing embryos can be, at the patient’s request and consent, frozen for later use. But legal experts say it’s unclear if the standard practice is illegal in Alabama and could make IVF virtually inaccessible in the state.
According to the American Society of Reproductive Medicine, the best-developing embryo will be transferred into a patient for an attempt at a pregnancy while the rest are frozen for later use, in case the first one does not develop into a live birth, or the patient later desires another child.
According to the Centers for Disease Control and Prevention, approximately 238,126 patients underwent IVF treatment in 2021, resulting in the births of 97,128 babies, the last year for which statistics were available. There are 453 IVF clinics nationwide.
