Alabama lawmakers are looking for ways to protect in vitro fertilization services in the state as patients, who had procedures cancelled in the wake of a state Supreme Court ruling, remained stalled in their hopes of parenthood.
The ruling, which raised immediate questions about what liability fertility clinics could face, had an immediate chilling effect on the availability of IVF in the Deep South state. Three providers announced a pause on services in the days after the decision.
Justices this month said three couples who had frozen embryos destroyed in an accident at a storage facility could pursue wrongful death claims for their “extrauterine children.” Justices cited the wording of the wrongful death law and sweeping language that the GOP-controlled Legislature and voters added to the Alabama Constitution in 2018 that it is state policy to recognize the “rights of the unborn child.”
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