Several members of the Alabama General Assembly introduced legislation Tuesday aimed at ensuring protections for in vitro fertilization in the state.
Sen. Tim Melson (R-Florence), House Minority Leader Anthony Daniels (D-Huntsville), Rep. Terry Collins (R-Decatur), and Sen. Larry Stutz (R-Tuscumbia) are all in vitro. He is introducing a bill that deals with the topic of fertilization.
The enactment of this law was prompted by a recent decision by the Alabama Supreme Court, which stated that because an embryo effectively constitutes a child, if a frozen embryo is damaged or removed, the family must The court ruled that the fertility clinic could be sued.
The decision has caused some IVF clinics in the state to cease operations, at least for now, due to the possibility of facing criminal penalties and the legal challenges the ruling presents. This also leaves many people who rely on IVF unable to access these services and the ability to start a family, putting them at risk.
Melson's bill, SB159, would “provide civil and criminal immunity to those who provide goods and services related to in vitro fertilization, except for acts or omissions that are intentional and not attributable to or related to in vitro fertilization services.” This law is retroactive and will automatically repeal on April 1, 2025.
Collins' bill, HB237, is essentially the same as Melson's law, the only difference being that the protections would be repealed on June 1, 2025.
Stutz's bill, SB160, would provide civil and criminal immunity to entities providing in vitro fertilization as long as they follow “generally accepted care practices.”
Melson's and Stutz's bills will be introduced in the Senate Health Care Committee on Wednesday at 12 p.m.
In contrast to Daniels' other bills, HB225 and HB240, it seeks to define that an embryo outside the uterus is not a child, minor, or “fetus.” An amendment to the Alabama Constitution states, “It is the public policy of this state to recognize and uphold the sanctity of unborn life and the rights of the unborn child, including the right to life.''
HB240 would specifically propose a constitutional amendment to provide that an ectopic embryo is not a “fetus” or “fetus.”
Melson said he believes the bill will move through the legislative process within five days, according to the Alabama Reflector. Melson continued to say that Alabama is under scrutiny for its IVF rulings.
“There have been a lot of meetings and discussions about it,” he said. reflector. “We had no idea this was such a big issue. Not just in Alabama, but nationally and internationally, and we've been looking into this thoroughly. So we just need to fix it.”
ALGOP often claims to be a pro-family party and is effectively doing damage control as it seeks to resolve critical issues that hold families back.