Lawmakers in Alabama are searching for solutions to ensure that in vitro fertilization services remain available, as several providers have temporarily stopped offering treatment following a state Supreme Court decision that deemed frozen embryos to be legally recognized as children.

In response to the controversial decision, lawmakers in both the House and Senate are drafting separate measures to prevent a fertilized egg from being legally considered a human life or unborn child until it is implanted in a woman’s womb, causing widespread shock and outrage.

Last week, the court decided that three pairs of individuals whose frozen embryos were accidentally destroyed at a storage facility could seek damages for the loss of their “extrauterine children.” The court referenced broad language in the Alabama Constitution, which was modified by the Republican-controlled Legislature and voters in 2018, stating that the state acknowledges the rights of unborn children.

Bobby Singleton, the Democratic leader of the Senate minority, stated that the enforcement of strict anti-abortion laws in the country was driven by Republicans. He argued that this has led to the elimination of opportunities for individuals to become parents.

Singleton stated that ultimately, the Republican Party must take responsibility for their actions.

Donald Trump, the former President, has added his voice to the calls for Alabama legislators to take action. He stated that he would strongly endorse the accessibility of in vitro fertilization (IVF).

State legislators from the Republican party stated that they were actively seeking a resolution.

House Speaker Nathaniel Ledbetter stated that people in Alabama strongly value protecting the rights of unborn children. However, he expressed concern that the recent State Supreme Court ruling is preventing many couples from being able to have children, which goes against this belief.

State Senator Tim Melson, a member of the Republican party and a medical professional, stated that his bill aims to specify that a fertilized egg is considered a “potential life” rather than a human life until it is physically implanted in the uterus.

“I’m just trying to come up with a solution for the IVF industry and protect the doctors and still make it available for people who have fertility issues that need to be addressed because they want to have a family,” Melson said.

Anthony Daniels, the Democratic leader of the minority in the House, proposed a bill stating that a “human egg or human embryo that is present in any form outside of the uterus cannot, under any circumstances, be deemed an unborn child” according to state laws.

According to Daniels, this is only the initial stage of resolving the difficult situation our state has found itself in.

Melson remarked that he was not taken aback by the unintended effects of the constitutional wording. Advocates claimed it was meant to prevent abortion in the event that states were given authority over the matter. However, critics cautioned that it was essentially a measure for “personhood” which would grant constitutional rights to fertilized eggs.

Governor Kay Ivey of Alabama expressed the state’s desire to promote a culture that values life, including supporting couples who turn to IVF in hopes of becoming parents.

According to a statement from Chief Counsel Katherine Robertson, Alabama Attorney General Marshall has no plans to pursue legal action against IVF providers or families due to the recent ruling by the state’s Supreme Court.

The decision made by the court, which considers embryos to have the same status as a child or developing fetus in terms of wrongful death, has sparked concerns about the potential legal consequences that fertility clinics may encounter during procedures such as freezing, testing, and discarding of embryos. As a result, three in vitro fertilization clinics in Alabama have halted their services.

Gabby Goidel, who was days from an expected egg retrieval appointment, was told Thursday that her provider would not continue doing embryo transfers.

Goidel stated that she began to cry and immediately journeyed with her spouse to Texas in order to attempt to proceed with the IVF cycle through a different provider. She believes that the Alabama ruling does not support families in any manner.

Dr. Brett Davenport, from the Fertility Institute of North Alabama, stated that his clinic will continue offering IVF services. However, he also called upon state policymakers to take action and eliminate any uncertainty for healthcare providers.

Davenport stated that their actions align with a pro-life stance, as they are assisting couples who are struggling with fertility.

Mary Ziegler, a legal historian at the University of California, Davis School of Law, stated that the court’s decision was limited to recognizing embryos as being protected under Alabama’s wrongful death statute. She mentioned that the court did not explicitly grant embryos full constitutional rights, at least not at this time.

“I believe people in Alabama are justified in anticipating that this is just the beginning, and this decision will pave the way for more in the future,” stated Ziegler. She also mentioned that anti-abortion activists and lawmakers have been striving to secure a federal ruling declaring a fetus as a holder of constitutional rights.

According to her, it’s not only limited to in vitro or Alabama, but it also involves a larger nationwide movement.