Enterprise-Record (Chico)

Facing backlash over IVF ruling, Alabama lawmakers look for a fix

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Lawmakers began scrambling for ways to protect Alabama in vitro fertilizat­ion services after multiple providers paused services in the wake of a state Supreme Court ruling that frozen embryos could be considered children under a state law.

Facing a wave of shock and anger from the decision, legislator­s prepared separate proposals in the House and Senate that would seek to prevent a fertilized egg from being recognized as a human life or an unborn child under state laws until it is implanted in a woman's uterus.

Justices ruled last week that three couples who had frozen embryos destroyed in a mishap at a storage facility could pursue wrongful death claims for their “extrauteri­ne children.” Justices cited sweeping language that the GOP-controlled Legislatur­e and voters added to the Alabama Constituti­on in 2018 saying that the state recognizes the “rights of the unborn child.”

Senate Minority Leader Bobby Singleton, a Democrat, said Republican­s helped create the situation in their push to enact some of the most stringent antiaborti­on laws in the country. The result, he said, was eliminatin­g a path for people to become parents.

“At the end of the day, the Republican Party has to be responsibl­e for what they have done,” Singleton said.

Former President Donald Trump joined the calls for Alabama lawmakers to act Friday and said he would “strongly support the availabili­ty of IVF.”

State Republican lawmakers said they were working on a solution.

“Alabamians strongly believe in protecting the rights of the unborn, but the result of the State Supreme Court ruling denies many couples the opportunit­y to conceive, which is a direct contradict­ion,” House Speaker Nathaniel Ledbetter said.

Republican state Sen. Tim Melson, who is a doctor, said his proposal seeks to clarify that a fertilized egg is a “potential life” and not a human life until it is implanted in the uterus.

“I'm just trying to come up with a solution for the IVF industry and protect the doctors and still make it available for people who

have fertility issues that need to be addressed because they want to have a family,” Melson said.

House Minority Leader Anthony Daniels, a Democrat, introduced legislatio­n to clarify that a “human egg or human embryo that exists in any form outside of the uterus shall not, under any circumstan­ces, be considered an unborn child” under state law.

“This is just the first step in unwinding this predicamen­t our state has placed itself in,” Daniels said.

Melson said he was not surprised that the state is seeing unintended consequenc­es from the constituti­onal language. Supporters said it was intended to block abortion if the states ever gained control of the issue. But opponents warned it was essentiall­y a “personhood” measure that would establish “constituti­onal rights for fertilized eggs.”

 ?? LYNNE SLADKY — THE ASSOCIATED PRESS FILE ?? A container with frozen embryos and sperm stored in liquid nitrogen is removed at a fertility clinic in Fort Myers, Fla., on Oct. 2, 2018.
LYNNE SLADKY — THE ASSOCIATED PRESS FILE A container with frozen embryos and sperm stored in liquid nitrogen is removed at a fertility clinic in Fort Myers, Fla., on Oct. 2, 2018.

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