Well, That Alabama Supreme Court Embryo Ruling Is Already Gutting IVF

It has been less than a week since the Alabama Supreme Court ruled that embryos created through in vitro fertilization can be classified as children, but the decision is already wrecking access to fertility treatments.

The University of Alabama at Birmingham’s medical school announced Wednesday that it is pausing IVF treatments in order to avoid potential lawsuits under the court ruling. Patients can complete the process up through egg retrieval, but fertilization and embryo development have been paused.

“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,” UAB spokeswoman Hannah Echols said in a statement.

The Alabama Supreme Court ruled 7–2 on Friday that embryos created through IVF are protected under the Wrongful Death of a Minor Act. The case stems from a lawsuit brought by several parents against a fertility clinic. The plaintiffs argued their “embryonic children” had been the victims of wrongful death when an intruder broke into the clinic and dropped trays holding some of the embryos, destroying them.

The court ruled the clinic had been negligent and chillingly cited the Bible in its majority opinion. “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 as if the People of Alabama took what was spoken of the prophet Jeremiah and applied it to every unborn person in this state: ‘Before I formed you in the womb I knew you, Before you were born I sanctified you.’ Jeremiah 1:5 (NKJV 1982),” the opinion read.

The president and CEO of Resolve: The National Infertility Association, Barbara Collura, said she was “heartbroken” by the UAB decision. “Would-be parents have invested their hearts, time and resources” in lengthy and potentially emotionally draining IVF treatment, she said in a statement. “Now, less than a week after the Alabama Supreme Court’s devastating ruling, Alabamans in the midst of seeking treatment have had their lives, their hopes and dreams crushed.”

“This cruel ruling, and the subsequent decision by UAB’s health system, are horrifying signals of what’s to come across the country.”

In addition to already wreaking havoc on the third-party fertility industry, the ruling could have devastating effects on reproductive health statewide. As reporter Jessica Valenti pointed out Wednesday, the ruling further enforces the concept of fetal personhood.

Anti-abortion activists argue that humanity begins at conception and thus fetuses should be afforded legal rights. But health experts warn this line of thinking could be used to criminalize doctors who provide lifesaving care, such as by terminating a pregnancy that is fatal to the patient. By further enshrining fetal personhood, the Alabama ruling could put health care workers or even people who miscarry at risk of legal repercussions.