Multiple Alabama in-vitro fertilization (IVF) clinics are storing embryos out of state after an Alabama Supreme Court ruling in February.

In the case originating from Mobile, LePage v. Mobile Infirmary Clinic, Inc., the Supreme Court held in a 7-2 decision in February that parents of frozen embryos killed at an IVF clinic when an intruder tampered with an IVF freezer may proceed with a wrongful death lawsuit against the clinic for alleged negligence. The lawsuit was settled in July.

According to the New York Times, at least four of Alabama’s seven IVF clinics have hired biotech companies to move the cells out of state. A fifth clinic is working with a doctor in New York to discard embryos.

The Center for Reproductive Medicine in Mobile, Alabama Fertility in Birmingham and Huntsville Reproductive Medicine in Madison are using a company called ReproTech to move their embryos to other states, according to Brad Senstra, the company’s chief executive. ReproTech stores embryos from 60,000 patients in warehouses in Connecticut, Florida, Minnesota, Nevada and Texas. Alabama Fertility was “already exploring shipping its samples to ReproTech’s facilities before the court decision,” according to the outlet.

Innovative Fertility Specialists in Birmingham is working with a company called TMRW, to ship about 200 embryos to New York. According to the New York Times, the clinic had always planned to set up off-site storage, but the court ruling made the clinic move faster. They’ll ship the embryos next month.

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