The Alabama Supreme Court has ruled that frozen embryos created during infertility treatment can be considered children under state law.
The rulings, handed down in two wrongful death lawsuits brought by couples whose frozen embryos were destroyed in an accident at a fertility clinic, come amid warnings from advocates who say they will have far-reaching implications for fertility treatment. There was a rush.
The justices on Friday cited anti-abortion language in the Alabama Constitution, saying that an 1872 state law that allowed parents to sue over the death of a minor child meant that “all unborn children, regardless of their place of residence, The court ruled that it applies to
“A fetus is a “child” under the statute, without exception based on stage of development, physical location, or other incidental characteristics,” Justice Jay Mitchell wrote in the majority decision.
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Mitchell said the court had previously ruled that fetuses killed during a woman’s pregnancy were subject to Alabama’s Wrongful Death of a Minor Act, and that “the law does not apply to children outside the womb. There is nothing to exclude.”
The plaintiffs in the Alabama case underwent IVF treatment, which resulted in the formation of several embryos, some of which were implanted and resulted in healthy births. The couple paid for another person to be frozen in the Mobile Clinic Medical Center’s storage facility. According to the ruling, the patient wandered into the area, removed several embryos and dropped them on the floor, “dead.”
The Alabama Supreme Court has ruled that frozen embryos are considered children after a couple filed a wrongful death lawsuit alleging the embryos were destroyed in a clinic accident. (BSIP/Universal Images Group/Getty Images)
Chief Justice Tom Parker issued a concurring opinion that cited the Bible when discussing the meaning of the phrase “sanctity of the unborn child” in the Alabama Constitution.
“Before they are born, all humans bear the image of God, and their lives cannot be destroyed without glorifying God,” Parker said.
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Justice Greg Cook, who filed the only full dissent to the majority opinion, argued that the 1872 law does not define a “minor” and has been expanded from its original intent to cover frozen embryos. He said there was.
“Furthermore, there are other important reasons to be concerned about the opinion’s position. No court anywhere in the nation has reached the conclusion reached by the opinion,” he wrote, adding that the decision “is almost certain to result in a freeze.” “We will finish creating the embryos,” he added. Through in vitro fertilization (“IVF”) in Alabama.
Alabama voters in 2018 agreed to add language to the Alabama Constitution recognizing “fetal rights” as a state policy.
Supporters at the time said it was “an expression of voters’ beliefs that will have no impact unless states have more control over access to abortion.” “And critics at the time said this would have far-reaching civil implications,” and it was criminal law that went beyond access to abortion, essentially making it a constitutional law against fertilized eggs. It argued that it was an “individual” measure to establish rights.
