The Alabama Supreme Court on Friday ruled that frozen embryos are “children” with the same legal rights as other “fetuses” in a controversial opinion that could eliminate the practice of in vitro fertilization in the state. declared that there was.
The opinion was based on an incident at the Fertility Center, a mobile fertility clinic, where several embryos were accidentally destroyed when a wandering patient entered the area where embryos were stored and dropped several containers. was announced regarding. Three couples whose embryos were destroyed sued the center, but a circuit court judge dismissed the lawsuits because the embryos were not covered by Alabama's Wrongful Death of a Minor Act.
“The cryopreserved in vitro embryos involved in this case do not meet the definition of 'person,'” the trial court wrote in dismissing the case.
Therefore, other than the breach of contract, the plaintiffs had no claims left. Courts cannot award damages for wrongful death, and Alabama law prohibits recovery of damages from third parties who were not physically injured.
But Justice Jay Mitchell, speaking for the court's majority, reversed the lower court, opening up some new and creative avenues for future litigation and perhaps making IVF treatments more affordable in Alabama. There is a high possibility that it will not be accepted. ALSC Chief Justice Tom Parker wrote a concurring opinion, turning it into a Bible quote.
“When the people of Alabama adopted[the sanctity of life clause in the state constitution]they did not use the term 'inviolable' with its secular connotations, but rather 'inviolable' with all its meanings. “I chose the term 'sacred' because it has connotations,” Parker wrote. “This kind of acceptance is indicated in the preamble by “[es] “The grace and guidance of Almighty God”…and declares that “all are…blessed.” [with life] by their creator. The Alabama Constitution's recognition that human life is a gift from God emphasizes a fundamental principle of English common law that is expressly incorporated as part of Alabama law. ”
Parker goes on to define the term “sanctity of life” by citing two overtly Christian documents, “Theology Today” and “Manhattan Declaration: A Call of Christian Conscience”, stating that life is They argued that it begins at conception. From the moment of conception, we bear the image of God. ”
From there, Parker cited the Bible and other theological texts that explained, in his words, “the significance of man's creation in the image of God.”
Justice Greg Cook, the court's only dissenter, avoided discussion of the Bible and instead focused on written law, including the “wrongful death statute” and some Alabama laws that define a fetus as a “child.” I pointed out that I had not done so. Such a definition would be necessary to reach the court's opinion, and would need to be arrived at by legal rather than biblical argument.
Additionally, Cook wrote, the decision will have a chilling effect on Alabama's IVF process.
“…there are other important reasons to be concerned about the views of the mainstream opinion,” Cook wrote. “No court anywhere in this country has reached the conclusion reached by the main opinion. And, with the support of the main opinion, the creation of frozen embryos by in vitro fertilization (“IVF”) in Alabama will almost certainly be abolished. Ru. ”
