Alabama lawmakers advance legislation to protect IVF providers

MONTGOMERY, ALA. >> Alabama lawmakers facing public pressure to get in vitro fertilization services restarted in the state advanced legislation Tuesday to shield providers from the fallout of a court ruling that equated frozen embryos to children.

Committees in the state Senate and House approved identical bills that would protect providers from lawsuits and criminal prosecution for the “damage or death of an embryo” during IVF services. The state's three major IVF providers paused services after the Alabama Supreme Court's ruling last month.

“The problem we are trying to solve right now is to get those families to be back on track to be moving forward as they try to have children,” said Rep. Terri Collins, sponsor of one of the bills.

Lawmakers are aiming to give final approval Wednesday and send the legislation to Gov. Kay Ivey to be signed into law.

“We anticipate the IVF protections legislation to receive final passage this week and look forward to the governor signing it into law,” Ivey spokeswoman Gina Maiola said.

The state Supreme Court ruled that three couples who had frozen embryos destroyed in an accident at a storage facility 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.

The court decision caused an immediate backlash as groups across the country raised concerns about a ruling recognizing embryos as children. Patients in Alabama shared stories of having upcoming embryo transfers abruptly canceled and their paths to parenthood put in doubt.

Beth and Joshua Davis-Dillard, who described themselves as in the “middle of IVF,” watched on as the Senate committee advanced the legislation.

The couple transferred frozen embryos left over from when they had their twins to Alabama after moving from New York.

“We've been working up to getting ready to trying again. We still have embryos from our prior cycle, which we did in New York. We transferred them here. We can't use them. We're on hold,” Beth Davis-Dillard said.