Alabama passes law to shield IVF clinics
Protects providers from lawsuits
MONTGOMERY, Ala.— Governor Kay Ivey of Alabama signed legislation into law late Wednesday shielding in vitro fertilization providers from potential legal liability raised by a court ruling that equated frozen embryos to children.
The ruling by the Alabama Supreme Court last month raised concerns about civil liabilities for clinics and prompted an outcry from patients and other groups. Three of the state’s major IVF providers paused services after the ruling was announced.
The court ruling also prompted an outcry from groups across the country. Patients in Alabama also shared stories about having upcoming embryo transfers abruptly canceled and their paths to parenthood put in doubt.
The new law protects providers from lawsuits and criminal prosecution for the “damage or death of an embryo” during IVF services.
“I’m just elated to get these ladies back on schedule,” said Republican Senator Tim Melson, who sponsored the new legislation.
At the heart of the state Supreme Court ruling was a case involving three couples who had frozen embryos destroyed in an accident at a storage facility. The court ruled that the couples could pursue wrongful death lawsuits for their “extrauterine children.” The ruling, treating an embryo the same as a child or gestating fetus under the wrongful death statute, raised concerns about civil liabilities for clinics.
Republicans in the GOPdominated Alabama Legislature looked to the immunity proposal as a solution to clinics’ concerns. But they shied away from proposals that would would have addressed the legal status of embryos created in IVF labs.
House Democrats had proposed legislation last week stating that a human embryo outside a uterus cannot be considered an unborn child or human being under state law. Democrats argued that was the most direct way to deal with the issue.
Republicans did not bring that proposal up for a vote. Instead, they pushed the immunity proposal as a way to address clinic's immediate concerns and get them open.
“I think there is too much difference of opinion on when actual life begins,” Melson said. “A lot of people say conception. A lot of people say implantation. Others say heartbeat. I wish I had the answer.” Melson said lawmakers may have to come back with additional legislation, but he said it should be based on “science not feelings.”
The new law says that "no action, suit, or criminal prosecution for the damage to or death of an embryo shall be brought or maintained against any individual or entity when providing or receiving services related to in vitro fertilization.” The immunity would be retroactive but would exclude pending litigation. Civil lawsuits could be pursued against manufacturers of IVF-related goods, but damages would be capped and criminal prosecution would be forbidden.
Dr. Michael C. Allemand with Alabama Fertility said Tuesday that the legislative proposal would allow the clinic to resume IVF services by returning “us to a normal state of affairs in terms of what the liability issues are.”
He said the past weeks have been difficult on patients and staff as procedures have been postponed.
“There's been some truly heart-wrenching conversations that have taken place,” Allemand said.