San Antonio Express-News

Lawmakers look for fix after embryo ruling

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MONTGOMERY, Ala. — 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.”

Alabama Gov. Kay Ivey said the state wants to foster a culture of life and that includes “couples hoping and praying to be parents who utilize IVF.”

Alabama Attorney General Marshall does not intend to prosecute IVF providers or families based on the state Supreme Court ruling, Chief Counsel Katherine Robertson said in a statement.

The court’s ruling, treating the embryos the same as a child or gestating fetus under the wrongful death statute, raised questions about what legal liabilitie­s clinics could face during IVF processes, including the freezing, testing and disposal of embryos. Three in vitro fertilizat­ion providers in Alabama paused their services in the aftermath of the ruling.

 ?? Richard Drew/associated Press file photo ?? An embryologi­st uses a microscope to view an embryo on Oct. 3, 2013. The Alabama Supreme Court ruled on Feb. 16 that frozen embryos can be considered children under state law.
Richard Drew/associated Press file photo An embryologi­st uses a microscope to view an embryo on Oct. 3, 2013. The Alabama Supreme Court ruled on Feb. 16 that frozen embryos can be considered children under state law.

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