Alabama creates New Law to Protect IVF Providers

By Kate Hangen, 2024

Published 3/8/2024

Last month the Alabama Supreme Court ruled that frozen embryos should be classified as human beings. This meant that all of Alabama's IVF providers, which were already scarce, had to pause treatments, as people who harmed the embryos could be liable for wrongful death. This unprecedented shutdown left families having to go out of state for treatment and created widespread protests for a fix from lawmakers. The ruling came after several lawsuits were filed by families who underwent IVF treatment. Including one who alleged their frozen embryos were dropped on the floor and destroyed in 2020. The trial initially ended in a dismissal of the claims but was reversed by the Supreme Court. 

Last Wednesday, protesters' pleas for help were finally answered, as Alabama’s republican governor, Kay Lvey, signed a bill into law intending to help protect IVF patients and providers from the ruling of the Supreme Court. However, this law is not going to be the end all be all. It does not address the issue of whether or not an embryo should be considered a human, and experts believe it will take a lot more than this law to completely protect IVF patients and providers. Nevertheless, the new legislation does provide them with some security. Not only does it create criminal and civil immunity for IVF patients and providers, but it also protects the companies that create the tools to facilitate the IVF process and transport the embryos. 

This meant clinics that had to shut down could now resume treatment. Two out of the three IVF clinics in Alabama reopened their doors last Thursday in response to the law. The one clinic that did not, explained it was because they felt they were not protected enough by the law to continue practice. Critics of this law say it only protects the IVF suppliers and providers and leaves IVF families with very few options. Others say the law was a cop-out and should have addressed the main issue at hand, whether or not an embryo should be treated like a human being. Nevertheless, it created a quick solution to help those going through an IVF treatment.