IVF treatments are a procedure which allows fertility for parents who may be struggling beginning a family. Overall, the treatment is intended to impregnate women who are infertile, or struggling to become pregnant.. In Alabama, it was ruled that the embryo’s created via IVF are considered children under the state’s wrongful death law, and so, the embryos have the right to be protected.
The state’s ‘wrongful death’ law states that a wrongful death is committed when a ”“wrongful act, omission, or negligence” of another,” is made, according to Nolo and Alabama Code §§ 6-5-391 and 6-5-410 (2021).
The Alabama Supreme Court has ruled that “frozen embryos created through in vitro fertilization [IVF] are children under state law,” according to news site Axios. In a post-Roe world, this ruling has created a whirlwind for all citizens. This includes citizens who rely on IVF to build a family, and citizens who care immensely about reproductive health in America.
Axios explains that this situation creates conversation about “how states define unborn human beings” and what “could determine access to assisted reproductive care,” as well as creating “big implications for IVF clinics.” Essentially, due to Alabama’s ruling that frozen embryos are considered children, IVF treatments (which freeze embryos in the fertility process) can be halted, or even permanently stopped in Alabama.
Biology teacher Mr. Brady Green shares his opinions regarding this topic. The teacher states, “Ultimately, I feel that this is a clear violation of a woman’s right to choose what to do with her own body.” He then continues, “I realize that frozen embryos are technically not in a woman’s body, but I think that it is a slippery slope to making the decision for a woman.”
Green feels as though the government should not have any “business choosing for a woman what she does with her body.”
The ruling states that “found frozen embryos have the rights of children under the state’s wrongful death law,” according to AP News. Green continues that he does not “consider frozen embryos a person,” so, ultimately, he states that he “definitely [doesn’t] think that discarding them should warrant a murder trial for those that are involved.”
