The highest court in Alabama has declared that frozen embryos may be legally recognized as children, a decision that has been met with apprehension from those who believe it may have far-reaching consequences for procedures related to fertility.

The ruling was made in two cases of wrongful death involving three couples whose frozen embryos were destroyed in a mishap at a fertility clinic. The justices referred to the anti-abortion phrasing in the Alabama Constitution and determined that a state law from 1872, which permits parents to file lawsuits for the loss of a minor child, “applies to all unborn children, regardless of where they are located.”

“In the recent ruling from the all-Republican court, Justice Jay Mitchell stated that unborn children must be recognized as ‘children’ regardless of their developmental stage, physical location, or any other ancillary characteristics.”

Mitchell stated that the court had previously determined that fetuses who are killed while a woman is pregnant fall under the protection of Alabama’s Wrongful Death of a Minor Act and there are no exceptions for children outside of the womb.

The decision sparked concerns about how it could affect fertility treatments and the storage of embryos, previously deemed as property by the legal system.

Barbara Collura, CEO of RESOLVE: The National Infertility Association, expressed concern over a recent ruling that declares a fertilized egg, essentially a group of cells, as a person. This ruling has raised doubts about the use of in-vitro fertilization, according to Collura in an interview on Tuesday. The group labeled the decision as alarming for the 1 in 6 people affected by infertility who rely on IVF.

She mentioned that this brings up concerns for both providers and patients. These concerns include whether future embryos created during fertility treatment can be frozen or if patients have the option to donate or dispose of unused embryos.

In the Alabama lawsuit, the individuals involved had received IVF procedures which resulted in the development of multiple embryos. Some of these embryos were successfully implanted and resulted in the birth of healthy babies. The remaining embryos were stored in a facility at the Mobile Infirmary Medical Center, for which the couples had paid. In 2020, a patient entered the area and took several embryos, causing them to fall to the ground and ultimately perish, as stated in the court’s decision.

The judges decided that the couples’ wrongful death lawsuits could move forward.

A statement from Lila Rose, president and founder of Live Action, expressed joy over the ruling, stating that every individual, from the smallest embryo to an elderly person nearing the end of their life, holds immeasurable worth and should be legally protected.

Tom Parker, Chief Justice, expressed his agreement and cited the Bible while discussing the interpretation of the term “the sanctity of unborn life” in the Alabama Constitution.

According to Parker, every person carries the likeness of God from the moment of conception and their existence cannot be erased without also erasing His magnificence.

Justice Greg Cook, who was the sole dissenter to the majority decision, argued that the 1872 law did not specify the meaning of “minor child” and was being expanded from its original purpose to include frozen embryos.

Furthermore, there are additional valid concerns regarding the decision made by the main opinion. No court in the entire country has come to the same conclusion as the main opinion. The author also stated that this ruling will most likely put an end to the production of frozen embryos through IVF in Alabama.

The ruling by the Alabama Supreme Court was influenced by the inclusion of anti-abortion wording in the Alabama Constitution in 2018, which declares it the “public policy of this state to safeguard the rights of the unborn child.”

Backers claimed that the measure would serve as a statement of the beliefs held by voters, but also emphasized that it would only have an effect if states were granted greater authority over abortion regulations. In 2022, states did gain this control. However, opponents warned that the measure would have far-reaching effects on both civil and criminal laws, extending beyond just abortion access. They argued that it was essentially a “personhood” initiative, seeking to establish constitutional rights for fertilized eggs.

Source: voanews.com