Alabama Legislature approves bills to protect IVF

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The Alabama House and Senate overwhelmingly passed a bill Thursday that would provide civil and criminal immunity to in vitro fertilization (IVF) patients and medical professionals.

After nearly six hours of debate, lawmakers from both major political parties voiced dozens of objections to the proposal. However, lawmakers still passed each proposal.

The House and Senate now need to vote on a unified version of the bill before sending it to Alabama Gov. Kay Ivey for her signature.

Thursday’s ruling comes just weeks after the state Supreme Court ruled that embryos created through in vitro fertilization can legally be considered children.

Biden sends Secretary of Health and Human Services to visit Alabama after IVF ruling

A container containing frozen embryos and sperm stored in liquid nitrogen is removed at a fertility clinic in Fort Myers, Florida, on Tuesday, October 2, 2018. The Alabama Supreme Court ruled on Friday, February 16, 2024, that frozen embryos can be used. Critics of the ruling, which says the baby is considered a child under state law, said it could have far-reaching implications for fertility treatment. The ruling was handed down in two wrongful death lawsuits brought by three couples whose frozen embryos were destroyed in an accident at a fertility clinic. (AP Photo/Lynn Sladke, File)

The bill aims to protect IVF medical professionals, doctors, and patients from prosecution and civil lawsuits.

Last week, judges ruled that three couples whose frozen embryos were destroyed in an accident at a storage facility can pursue wrongful death claims for “extrauterine children.” The justices also noted that the Republican-controlled Legislature and voters added language to the Alabama Constitution in 2018 that said the state recognized “unborn children’s rights.”

“A fetus is a ‘child’…without exception based on stage of development, physical location, or other incidental characteristics,” Judge Jay Mitchell wrote in his decision.

This includes “fetuses that were outside the biological womb at the time of the killing.”

following the court’s decision, Several clinics offering IVF treatment in Alabama have suspended all appointments indefinitely, including Alabama Fertility and the University of Alabama at Birmingham Health System.

Alabama health care providers suspend IVF treatments after state court rules, giving weight to infertility experts’ opinions

IVF tube donor

Tester filling test tubes at an in vitro fertilization clinic. (Jack Utley/Bloomberg via Getty Images)


This latest move in the House and Senate will fast-track legislation protecting IVF for a full vote in the state House next Wednesday.

It is expected to be passed and signed into law.

Fox News Digital’s Melissa Rudy contributed to this report.



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