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Bills to protect IVF facilities advance as advocates flood Statehouse


Colin O'Brien is seven weeks pregnant with his second child, the result of an IVF process he and his family have been working on for the past three years.

Two weeks ago, the Alabama Supreme Court ruled that embryos created during the IVF process are protected under the Alabama Constitution Amendment, which protects the life of a fetus, and IVF clinics in the state are closed. The successful transplant was carried out at the perfect time as operations were temporarily suspended.

“For us, this is deeply personal,” said the organizer of Fight for Alabama Family Advocacy Day, where hundreds of people gathered at the state Capitol on Wednesday to discuss responses to the ruling with lawmakers. said Mr O'Brien.

“My husband and I have been trying to grow our family for the past three years after losing my only child, my mother, to pancreatic cancer,” O'Brien said. “I want my daughter Louise to have a sibling to keep her with her life long after we're gone…If this verdict had happened a month ago, I wouldn't have been pregnant.” I would be right there with the thousands of families who are at a loss. All of you who have had to discontinue IVF treatment in this state, and those of you who were ready for IVF. My heart breaks for everyone who had to pause.”

Three bills addressing this situation passed out of committee just hours later, and two were passed in the Senate by Sens. Larry Stutz (R-Florence) and Tim Melson (R-Florence). The other, by Rep. Terry Collins (R-Decatur) in the House, mirrors Melson's original bill.

Since last Thursday, Republicans have been rushing to prepare a bill to address the issue, saying it was not Congress' intent when it passed the abortion ban in 2018 to apply it to in vitro fertilization treatments. Alabama Sens. Katie Britt and Tommy Tuberville, along with Gov. Kay Ivey and members of Congress, are calling for protections for IVF treatments. Attorney General Steve Marshall also said there would be no criminal charges related to the IVF treatment.

Supporters of in vitro fertilization treatments outside the Alabama State Capitol on Wednesday, February 28, 2024.

Despite the overwhelming response from Republican leaders, some are warning states not to pass the bill.

The Alabama Policy Institute and Susan B. Anthony Pro-Life America released a joint statement Wednesday ahead of the committee meeting, calling on lawmakers to “balance IVF and respect for life.”

“It is unacceptable that the Alabama Legislature has introduced legislation that falls short of pro-life expectations and does not respect the sanctity of human life,” the group said in a statement. “Alabama can both allow IVF to continue while respecting those who struggle with infertility, and honor the lives created by IVF. We are confident that the same Congress that passed legislation to protect unborn children through the United States will join passionately pro-life Alabamians in taking important steps to continue protecting life for all humans. ”

Melson and Collins addressed a crowd outside the state Capitol on Wednesday morning, and Melson said he would rework the bill to ensure it protects patients and facilities.

“We believe there are solutions, but in their rush to ensure coverage for the industry, doctors, suppliers and others have left out the most important person in the process: the patient,” Melson said. . “This is not a political issue, this is a patient issue.”

Supporters of in vitro fertilization treatments outside the Alabama State Capitol on Wednesday, February 28, 2024.

Both Melson's and Collins' bills would create immunity for IVF providers, but Melson invited representatives to the committee to create additional protections for patients by adding immunity for individuals involved in the process. We have fulfilled our promise to expand. Collins' bill has not yet been replaced with that language.

Melson's bill originally made the bill retroactive and repealed in 2025, both provisions he removed when he introduced a replacement bill. Melson explained that a lawsuit that has already begun cannot be constitutionally stopped, and if the bill were to be repealed in 2025, the process could become lengthy, making it difficult for patients to proceed with their lawsuits with confidence. said.

Democrats have introduced their own bills, including a House bill that would give voters the chance to amend the constitution to clarify that IVF embryos do not count as human life.

None of the Democrats' IVF bills were introduced in committee Wednesday. The bill is scheduled to be introduced on the Senate floor today.



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