In vitro fertilization (IVF) is the process of “combining a woman’s eggs with a man’s sperm in a laboratory dish,” Yale Medicine reveals. It’s procedure often used when a couple is struggling to conceive a child naturally.
During this process, embryos are frozen before they are transferred into a woman’s uterus. However, it is no guaranteed that after an embryo is transferred that it would lead to a successful pregnancy.
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Earlier last week, Alabama’s Supreme Court ruled that frozen embryos are children. An unprecedented ruling that left many worried about what that means for people dealing with infertility.
As NPR reports, the decision came after couples filed a wrongful death lawsuit whose frozen embryos were accidentally destroyed at the clinic that was storing them.
In the courts decision, NPR reports, Justice Jay Mitchell wrote that “nothing excludes ‘extrauterine children’ from a state law governing the wrongful death of a minor. Unborn children are ‘children’ … without exception based on developmental stage, physical location, or any other ancillary characteristics.”
Here is what is known at this moment; as fears grow, Alabama Attorney General Steve Marshall has said he “has no intention of using the recent Alabama Supreme Court decision as a basis for prosecuting IVF families or providers,” CNN reports. This comes as President Joe Biden, former President Donald Trump, and former Governor Nikki Haley shared their thoughts on the ruling.
Joe Biden called the decision “outrageous and unacceptable,” adding that the ruling was “a direct result of the overturning of Roe v. Wade.”
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Surprising, Trump agreed to an extent, saying:
“The Republican Party should always be on the side of the Miracle of Life — and the side of Mothers, Fathers, and their Beautiful Babies. […] Like the OVERWHELMING MAJORITY of Americans, including the VAST MAJORITY of Republicans, Conservatives, Christians, and Pro-Life Americans, I strongly support the availability of IVF for couples who are trying to have a precious baby. Today, I am calling on the Alabama Legislature to act quickly to find an immediate solution to preserve the availability of IVF in Alabama.”
Nikki Haley however seemingly sided with Alabama’s ruling, saying, “Embryos, to me, are babies. When you talk about an embryo, you are talking about, to me, that’s a life. And so I do see where that’s coming from when they talk about that.”
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A source told CNN that the Alabama House and Senate are drafting bipartisan legislation that will “protect” IVF. On Thursday, the House introduced a bill that would state, under law, that “fertilized human eggs stored outside a uterus are not considered human beings.”
However, despite “clarifications” coming in the future, the gray areas have led to clinics pausing specific IVF programs, CNN reports, out of fear for their medical personnel and potential legal ramifications.