Alabama Supreme Court Ruling: Frozen Embryos to be Considered ‘Children’

Published on Tuesday February 20th, 2024 by

A recent Alabama Supreme Court ruling target declared that frozen embryos are considered children, allowing a couple to sue a fertility clinic and hospital for wrongful death after their embryos were accidentally destroyed. The decision cited the state constitution's view that all human life, born or unborn, is sacred and protected.

The ruling has sparked concerns among pro-choice groups and medical associations, who fear it could have a chilling effect on fertility treatments like in vitro fertilization (IVF) in Alabama. Critics worry that the ruling could lead to increased costs and legal risks for IVF clinics, potentially driving providers out of the state.

The ruling comes amidst a broader national debate over reproductive rights, particularly in the wake of the U.S. Supreme Court's decision to overturn Roe v. Wade. Pro-choice advocates are working to protect access to fertility treatments, viewing them as essential healthcare services. In contrast, some states, such as Florida, have recently introduced legislation that could further restrict access to fertility treatments by allowing civil damages for the death of a fetus, adding to the uncertainty surrounding reproductive rights and healthcare access in the United States.

As members of the fertility care community, West Coast Surrogacy is dedicated to staying informed about the latest developments in reproductive rights. We are committed to advocating for the entire fertility community and remain steadfast in our mission to support individuals on their journey to parenthood. We advocate for a balanced approach that upholds reproductive rights while ensuring equitable access to fertility treatments.