Alabama legislators pass bill to protect IVF

Alabama's legislature has passed a new law to protect fertility clinics from criminal charges following the State Supreme Court's ruling that embryos created through IVF are considered children.

At least three IVF clinics within the state had suspended services out of fear of prosecution, after the court ruled that that frozen embryos should be considered children for the purposes of the Wrongful Death of a Minor Act (see BioNews 1228). Both Republican and Democrat politicians in the state were quick to propose bills to allow IVF treatment to resume (see BioNews 1229), and the finalised bill was passed by both the House of Representatives and Senate.

'IVF is a complex issue, no doubt, and I anticipate there will be more work to come, but right now, I am confident that this legislation will provide the assurances our IVF clinics need and will lead them to resume services immediately,' said Alabama's Governor Kay Ivey who signed the bill into law.

The Alabama Supreme Court's ruling last month stemmed from an appeal following a dismissed lawsuit against a hospital where stored embryos were accidentally destroyed by a patient.

The new law provides 'civil and criminal immunity for death or damage to an embryo to any individual or entity when providing or receiving services related to IVF'. The legislation applies retroactively, covering any previous damage to or destruction of embryos.

In addition, criminal, but not civil, immunity is provided to 'the manufacturer of goods used to facilitate the IVF process or the transport of stored embryos'. In the event of a civil lawsuit against manufacturers, damage would be determined by the costs paid for the IVF treatment.

Reaction to the legislation has been mixed: the University of Alabama at Birmingham's department of obstetrics and gynaecology confirmed that it will restart IVF treatment, and 'continue to assess developments and advocate for protections for IVF patients and our providers'.

Barbara Collura, president of national infertility association Resolve, said: 'While we are grateful for the actions of Alabama legislators, this legislation does not address the underlying issue of the status of embryos as part of the IVF process – threatening the long-term standard of care for IVF patients.'

Alabama's ruling has prompted discussions about IVF access in other states, and even featured in President Joe Biden's State of the Union address. While New York's legislators are considering a bill declaring embryos outside a person not to be a human life, Republicans in Iowa have recently approved a bill to criminalise the death of an 'unborn child'.

'Just like we saw with abortion restrictions when something is being presented in one state and is palatable in that jurisdiction, we're seeing other states try to bring similar cases, similar legislation, so of course, we are afraid that there will be a spread to other red states,' Dr Natalie Crawford who runs a fertility clinic in Texas told USA Today.