In a landmark ruling last week, the Alabama Supreme Court declared that frozen embryos are considered children under state law, making individuals responsible for their destruction legally liable.

The ruling comes from wrongful death lawsuits filed by three couples who lost their unborn babies in accidents at mobile fertility clinics. The justices cited an 1872 state law that allows parents in Alabama to sue for the death of minors and “all unborn children, regardless of residence.”

judge jay mitchell wrote in the majority opinion“A fetus is, without exception, a 'child' based on its stage of development, physical location, or other incidental characteristics.” The court previously ruled that the case falls under the Wrongful Death Act, which does not exclude “children outside the womb,” he said.

Chief Justice Tom Parker also expressed in a concurring opinion that his beliefs fundamentally influenced his position. “Before birth, all humans bear the image of God, and their lives cannot be destroyed without diminishing the glory of God,” Parker wrote.

In vitro fertilization is a medical procedure in which eggs are fertilized by sperm outside the body, in a laboratory environment. The resulting embryos are implanted into the woman's uterus, offering a chance of pregnancy for couples who are otherwise unable to conceive.

The Alabama Medical Association warned that the decision could lead to a decline in Alabama's birth rate, especially because it could limit access to IVF services. “The importance of this decision affects all Alabamians and limits fertility options for those who want to start a family, so the number of children, grandchildren, nieces, nephews, cousins, and other babies who want to start a family is limited,” the association said. is likely to decrease.”

In response to the decision, the University of Alabama at Birmingham (UAB) Health System, the state's largest, suspended in vitro fertilization services, citing concerns about potential prosecutions and lawsuits. We expect other providers to follow suit.

“We regret that this decision will impact a patient's chances of having a baby through IVF. However, compliance with the standard of care for IVF treatment may result in patients and doctors facing criminal prosecution and punitive damages. “We need to consider the possibility that we may be faced with this,'' the university said in a statement.

The statement said that while IVF treatments are suspended, the process leading up to egg retrieval will continue, but egg fertilization and embryo development will be put on hold.

Austin Shipley is a staff writer at Yellowhammer News.