MONTGOMERY — In-vitro fertilization (IVF) clinics in Alabama will likely choose to store unimplanted IVF embryos indefinitely after an Alabama Supreme Court ruling in February, according to State Sen. Tim Melson (R-Florence).
In a case originating from Mobile, LePage v. Mobile Infirmary Clinic, Inc., the Alabama Supreme Court held in a 7-2 decision that parents of frozen embryos killed at an IVF clinic when an intruder tampered with a freezer may proceed with a wrongful death lawsuit against the clinic for alleged negligence.
The Court also held that the Alabama Constitution's Sanctity of Life Amendment, ratified by Alabama voters and made law in 2018, would require the Court to interpret the law in favor of protecting the unborn. Alabama's Sanctity of Life Amendment declares in the state Constitution that it is "the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life."
Melson, the sponsor of legislation that passed the Senate on Thursday shielding IVF from some criminal and civil liability in response to the ruling, said, "A lot of these clinics are going to store them perpetually because of the ruling and that's going to probably become their policy and will not be getting destroyed of."
"That's not in effect but that's what they're looking at doing," Melson said on the Senate floor on Thursday.
The legislation passed the Senate 34-0 on Thursday after a lengthy filibuster from Democrats.
"It's a tough situation. If you're going to say they're life which I'm not going to argue the point either way then it's destroying a life so they think it would be better just until we get a resolution and some options that we go ahead and just put them in a state of limbo in the freezer and pull them out later. Like I said, the oldest ones out there are 30 years (old) that were successfully implanted. It's got the chance and should be respected as such to become a human and, again, some people already consider them humans," Melson told reporters on Thursday.
To connect with the author of this story or to comment, email caleb.taylor@1819News.com.
Don't miss out! Subscribe to our newsletter and get our top stories every weekday morning.
