The Legal Route

The Story

Alabama’s lawmakers are scrambling to protect in vitro fertilization (IVF).

Tell me more.

Earlier this month, Alabama’s Supreme Court ruled that frozen embryos are children, raising questions over the liability of destroying them. It’s caused legal uncertainty as IVF usually creates more than one embryo, and it’s not uncommon for them to be discarded if there are abnormalities or if patients don’t want to use them. To avoid potential prosecution, at least three IVF clinics in the state paused operations. In response, Alabama lawmakers introduced legislation to try to clarify the law and dispel fears.

What are they proposing?

Last week, an Alabama House Democrat intro’d a bill that asserts a fertilized egg or embryo outside of a uterus is not considered an unborn child under state law. Meanwhile, two Republican measures proposed in the state Senate would each grant legal immunity to clinics providing IVF treatment. But they fall short of changing the state's definition of an embryo. The GOP legislation could be more likely to pass, given that Republicans have a supermajority in the state. One of the GOP bill's sponsors says he expects a measure to reach Republican Gov. Kay Ivey's desk in a few weeks.

What else is being done?

There's some action at the federal level. Today, Sen. Tammy Duckworth (D-IL) plans to bring up a vote on legislation to protect access to IVF nationally. But while Democrats have been vocal about protecting IVF, Republicans have been harder to pin down. Already, some GOP senators have reportedly said they plan to block Duckworth's bill. In the House, some GOP members say they fully support a family’s right to use IVF. But last year, 125 House Republicans signed on to the Life at Conception Act which — as its name implies — defines life at conception. The bill would essentially ban all abortions in the US and leave IVF treatment in jeopardy. Now, these lawmakers are being asked to clarify their position given the widespread reaction to the Alabama ruling.