Calay News
In a landmark and controversial decision, the Alabama Supreme Court ruled that frozen embryos outside the womb are to be considered “children.” The judgment, delivered on Friday, stems from a case filed under the state’s 1872 Wrongful Death of a Minor Act, sparking criticism from the White House and reproductive health advocates.
The ruling has raised concerns, particularly from the National Infertility Association (Resolve), which stated that the decision could have “devastating consequences” for fertility clinics in the southern state that offer in vitro fertilization (IVF) services.
The White House spokesperson, Karine Jean-Pierre, expressed concern over actions by elected Republican officials affecting women nationwide, highlighting potential threats to reproductive and emergency care access as well as contraception availability.
The Alabama Supreme Court decision originated from a lawsuit against a fertility clinic under the state’s 1872 law. Three couples filed the suit after a patient gained unauthorized access to a cryogenic storage room, causing the accidental destruction of their frozen embryos.
While a lower court initially ruled that embryos couldn’t be defined as “persons” or “children,” dismissing charges of involuntary manslaughter, the Alabama Supreme Court disagreed. They asserted that the Wrongful Death of a Minor Act applies to all unborn children without limitation.
The court’s decision drew attention for its reliance on biblical references, with Judge Jay Mitchell stating, “The people of Alabama have declared that the public policy of this state is that unborn human life is sacred.”
Critics, such as Dana Sussman from Pregnancy Justice, expressed concerns about the decision’s potential impact on reproductive rights and abortion care. The Alabama State Medical Association also warned of the adverse effects of IVF treatments in the state.
Alabama’s stance on reproductive issues has been notably conservative, with the state being one of two dozen states to restrict abortion access following the 2022 US Supreme Court decision overturning the constitutional right to abortion established in Roe v. Wade.
