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Alabama IVF clinics reopen after Gov. Ivey signs bill granting legal protections to providers

Alabama Republican Governor Kay Ivey signed the following legislation on Wednesday: give legal protection It has been given to IVF providers, prompting some clinics to reopen.

Several IVF providers, including the state’s largest hospital, suspended services last month after the Alabama Supreme Court ruled that fetuses have the same rights as “fetuses.” The ruling stems from a lawsuit involving three couples who accused their IVF provider of wrongful death after a wandering hospital patient allegedly destroyed frozen embryos.

The state Supreme Court’s ruling has raised concerns about the future of IVF services, leading clinics to suspend treatment over concerns that staff could face criminal charges and damages.

Last week, the Alabama Legislature passed Senate Bill 159 and House Bill 237, Republican-sponsored bills that would provide legal protections to IVF clinics. On Wednesday, both chambers moved quickly to pass a unified version of the bill, sending it to Ivey’s desk for signature.

The House approved the bill 81-12, and the Senate passed it 29-1. USA Today report.

“The Alabama Legislature’s overwhelming support for SB 159 proves what we have always said: Alabama is a growing culture of life,” Ivey said Wednesday night. “We are working hard, and that includes in vitro fertilization.”

“We are confident that this legislation will provide our IVF clinics with the necessary guarantees and allow them to resume services immediately,” she added.

Under the new law, IVF providers cannot face criminal prosecution in the event of “damage or death of an embryo,” but they can still file a civil lawsuit against the clinic.

Dr. Mamie McLean of Alabama Fertility Clinic said the clinic plans to resume treatments Thursday.

“This means embryo transfers will be possible in Alabama, allowing for more pregnancies and births,” MacLean said.

Many Democratic lawmakers were unhappy with the bill, saying it was unclear whether embryos produced through in vitro fertilization should be treated as children. The state’s Republican majority rejected a Democratic bill that would have prohibited embryos outside the womb from being considered fetuses.

Some critics of the bill have expressed concern that it gives too much protection to clinics. Attorney Sarah London told USA Today that the new law could create a “potentially dangerous environment for patients.”

“Protecting access is important, but we should not give complete immunity to the fertility industry or eliminate important protections for women undergoing IVF treatment,” London said. “When the industry fails to live up to minimum safety standards and promises made to hopeful parents, we need to ensure there are avenues for accountability.”

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