Alabama Supreme Court: Frozen Embryos Now Considered ‘Children
OAN’s Elizabeth Volberding
5:20 PM – Tuesday, February 20, 2024
The Alabama Supreme Court declared that legislation pertaining to the wrongful death of a minor “applies to all unborn children, regardless of their location” and concluded that frozen embryos are “children” under Alabama state law.
According to a ruling by the Alabama Supreme Court on Friday, frozen embryos produced during infertility treatments may be regarded as children under state law.
This majority ruling was made by the court in a lawsuit filed by a group of patients who underwent in vitro fertilization (IVF) and lost their frozen embryos in December 2020 after one of the patients took the embryos out of a cryogenic storage unit and dumped them on the ground.
Advocates advised that the ruling, which was made in two cases involving a number of couples whose frozen embryos were destroyed at a fertility clinic, would have far-reaching effects for reproductive therapies.
While citing pro-life language found in the Alabama Constitution, the justices said on Friday that a state statute from 1872 permits parents to file a lawsuit over the death of a minor child, and that in this case, it “applies to all unborn children, regardless of their location.”
“Unborn children are ‘children’ under the Act, without exception based on developmental stage, physical location, or any other ancillary characteristics,” Justice Jay Mitchell stated in the majority ruling.
Mitchell added that the court had already ruled that fetuses killed while a woman is pregnant “are covered under Alabama’s Wrongful Death of a Minor Act and nothing excludes extrauterine children from the Act’s coverage.”
The plaintiffs in the Alabama lawsuit underwent IVF procedures that produced several embryos, some of which were implanted and had produced healthy offspring. Others had been kept frozen in a Mobile Infirmary Medical Center storage facility.
The decision stated that a patient had entered the area and taken numerous embryos, “killing them” by dropping them on the ground.
In his concurring opinion, Chief Justice Tom Parker explained the significance of the Alabama Constitution’s reference to “the sanctity of unborn life” by citing passages from the Bible.
“Even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory,” Parker said.
The 1872 statute was interpreted to include frozen embryos, according to Justice Greg Cook, who issued the only complete dissent to the majority ruling, claiming that the term “minor child” was not defined.
“Moreover, there are other significant reasons to be concerned about the main opinion’s holding. No court — anywhere in the country — has reached the conclusion the main opinion reaches,” he wrote, adding the ruling “almost certainly ends the creation of frozen embryos through in vitro fertilization (“IVF”) in Alabama.”
In 2018, Alabama citizens decided to amend the state constitution to include a clause recognizing the “rights of unborn children.”
At the time, advocates claimed that it would “be a declaration of voters’ beliefs and have no effect unless states gain more control over access to abortion services.” In 2022, states regained authority over abortion access.
However, critics at the time claimed it was effectively a “personhood” bill that would establish constitutional rights for fertilized eggs and that it would have broad implications for criminal and civil law beyond abortion availability.
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What legal and ethical questions arise from the court’s ruling regarding the rights of unborn children and the implications for reproductive rights
The Alabama Supreme Court has made a significant ruling, declaring that frozen embryos are considered “children” under Alabama state law. The court stated that legislation regarding the wrongful death of a minor applies to all unborn children, regardless of their location.
The ruling was made in a lawsuit filed by a group of patients who underwent in vitro fertilization (IVF) and lost their frozen embryos in December 2020. One of the patients had taken the embryos out of a cryogenic storage unit and dumped them on the ground. This ruling has far-reaching effects for reproductive therapies.
The justices cited pro-life language found in the Alabama Constitution and a state statute from 1872 that allows parents to file a lawsuit over the death of a minor child. They stated that this statute applies to all unborn children, without exception based on developmental stage or physical location.
In the majority ruling, Justice Jay Mitchell emphasized that unborn children are considered “children” under the act, regardless of their stage of development or location. He also highlighted that the court had previously ruled that fetuses killed while a woman is pregnant are covered under the Wrongful Death of a Minor Act.
The plaintiffs in the lawsuit had undergone IVF procedures that resulted in several embryos, some of which had produced healthy offspring. Others were kept frozen in a storage facility. The court decision stated that a patient had taken numerous embryos, killing them by dropping them on the ground.
Chief Justice Tom Parker, in his concurring opinion, explained the significance of the Alabama Constitution’s reference to “the sanctity of unborn life.” He cited passages from the Bible, stating that human beings bear the image of God even before birth.
Justice Greg Cook dissented from the majority ruling, claiming that the term “minor child” was not clearly defined in the 1872 statute. He expressed concerns about the impact of the ruling, suggesting that it could potentially end the creation of frozen embryos through IVF in Alabama.
In 2018, the Alabama Constitution was amended to include a clause recognizing the rights of unborn children. This ruling aligns with the beliefs of Alabama citizens who seek to protect the rights of unborn children and could have implications for future reproductive rights cases.
Overall, the Alabama Supreme Court’s ruling declares that frozen embryos are considered “children” under state law. This decision could have far-reaching effects on reproductive therapies and raises important legal and ethical questions surrounding the rights of unborn children.
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