Alabama Lawmakers Seek to Pass Immunity Laws for IVF Providers

Lawmakers in Alabama are close to approving immunity legislation to protect providers of in vitro fertilization services from legal repercussions following a recent court ruling that classified frozen embryos as children.

Both the Alabama House of Representatives and the Alabama Senate are set to discuss the legislation on Tuesday, aiming to shield providers from lawsuits and criminal charges related to any harm or death of an embryo during IVF services. Republican Sen. Tim Melson, the sponsor of the Senate bill, is hopeful that the proposal will be approved and sent to Gov. Kay Ivey for signing on Wednesday.

According to Ivey’s spokeswoman Gina Maiola, the IVF protections legislation is expected to be finalized this week with the governor’s approval.

Three major IVF providers in Alabama temporarily halted services following a recent ruling by the Alabama Supreme Court that allowed three couples to file wrongful death lawsuits for their frozen embryos that were destroyed in an accident at a storage facility. This ruling treated embryos the same as children or gestating fetuses under the wrongful death statute, leading to concerns about potential legal liabilities for clinics.

The reaction to the court decision prompted a wave of criticism nationwide, with many expressing worries over the recognition of embryos as children. Patients in Alabama shared their frustrations over canceled embryo transfers and uncertainty about their future paths to parenthood.

The proposed immunity bill is being seen as a solution to clinics’ concerns, although it does not address the legal status of embryos created in IVF labs.

While Alabama providers have voiced their support for the immunity legislation, The American Society for Reproductive Medicine argues that the bill does not adequately address the court ruling’s core issue of equating fertilized eggs with children.

House Democrats have proposed legislation stating that a human embryo outside the uterus should not be considered an unborn child or human being under state law. However, Republicans have not yet brought this proposal up for a vote.

The GOP proposals aim to protect providers from legal action related to damage or death of embryos during IVF services, with retroactive application except in cases where litigation is already in progress. The House and Senate have passed similar versions of the bill, with the House version also including protections for products used in IVF services.

Sen. Tim Melson expressed discomfort with exempting products, such as nutrient-rich solutions used in IVF, as there were allegations that a faulty batch of a storage solution led to the loss of embryos.