In February 2024, the Alabama Supreme Court ruled that embryos created through IVF were “extrauterine children” under Alabama’s laws and state constitution, temporarily ending IVF care in the state. In response, Alabama lawmakers passed legislation in an effort to restore access to IVF care by granting civil and criminal immunity for embryo destruction in the IVF process.
Specifically, the legislation prohibits lawsuits and criminal prosecutions against IVF providers and patients for the destruction of embryos. However, the legislation did not, and could not, repeal the language in the amendment to the Alabama Constitution, which affirms the “sanctity of unborn life” and “the rights of unborn children, including the right to life.” Nor does it overrule the Alabama Supreme Court’s decision, which resolved the ambiguity in the constitutional amendment surrounding the term “child” in favor of including “extrauterine children” “from fertilization”—a stance that remains fundamentally incompatible with the standard medical practices involved in IVF care.
Consequently, while the legislation seemingly shields IVF providers and patients from immediate liability, it does not eliminate the risk of future lawsuits related to embryo destruction under Alabama’s constitutional framework, which could once again upend access to IVF care in the state.
This analysis examines how a combination of state laws and judicial decisions could put IVF care at risk in other states because of the dangerous ideology that grants fertilized eggs, embryos, and fetuses full legal rights, known as embryonic and fetal personhood. For more information, please consult Pregnancy Justice’s report, “Unpacking Fetal Personhood: The Radical Tool That Undermines Reproductive Justice.”