Legislators in Alabama are working quickly to pass laws this week that will shield in vitro fertilization clinics from legal action. This is in response to the controversy caused by a recent ruling from the state Supreme Court, which declared that frozen embryos are entitled to the same rights as children under Alabama’s wrongful death law.

The expectation is that Gov. Kay Ivey, who is a member of the Republican party, will sign one of the two bills into law.

After the court decision, some fertility clinics halted IVF procedures in order to evaluate their potential legal liabilities. However, both bills propose to provide safeguards for these clinics.

Here are important details about the legislation and the steps involved in passing it into law.

The Senate and House of Representatives are both moving forward with the same bill, which aims to shield IVF providers and their workers from legal and criminal consequences related to the destruction or harm of an embryo.

The new law offers protection for healthcare providers, but revisions made by legislators on Tuesday also allow for potential civil lawsuits against manufacturers of IVF equipment in cases where the equipment causes harm or destruction to an embryo.

If approved, both measures would go into effect right away and would also be applied retrospectively to any previous harm or destruction that has not yet been addressed in a legal case.

Legislators report that fertility clinics have informed them that the safeguards are sufficient to prompt them to restart operations.

It is not specified in the bills if embryos outside of the body are legally acknowledged as children.

The Alabama Supreme Court issued a ruling in February stating that the state’s wrongful death law encompasses all unborn children, including those who were lost due to an accident at a fertility clinic. This decision was influenced by a 2018 addition to the state constitution which protects the rights of unborn children. As a result, couples whose frozen embryos were destroyed in the accident may file wrongful death lawsuits.

It is common practice to extend legal protection to fetuses and embryos in cases of wrongful death. However, it marked a noteworthy change for a court to rule that this protection also applies to embryos that are not in the body.

The American Society for Reproductive Medicine, which represents IVF providers nationwide, said the legislation is insufficient because it doesn’t undo the ruling that considers fertilized eggs to be children.

A legislator suggested altering the House bill to forbid clinics from purposely disposing of embryos, but the idea was denied.

The recent ruling by the Alabama Supreme Court marks the first instance since the U.S. Supreme Court reversed Roe v. Wade in 2022, thus eliminating a country-wide abortion right, that IVF has also been limited as a result.

A number of individuals against abortion endorse IVF. However, there are those who advocate for embryos and fetuses to have the same legal protections as children, potentially leading to regulations against abortion.

Alabama is one of the 14 states that has begun enforcing a ban on abortions at all stages of pregnancy in the past two years.

Republican legislators are backing both proposals in a state largely controlled by the Republican party.

They have received significant backing from legislators. The House proposal advanced with an overwhelming vote of 94-6, while the Senate one was unanimously approved with a vote of 32-0.

Donald Trump, the former president who is aiming to regain the presidency, stated last week that he highly endorses the accessibility of IVF (in vitro fertilization).

Alabama House speaker Nathaniel Ledbetter expressed that protecting the rights of the unborn is a top priority for Alabamians. However, he also stated that the ruling by the State Supreme Court has resulted in denying many couples the chance to have children, which goes against this belief.

The legislators expedited these measures.

Every measure has been approved by the originating chamber and has been forwarded to the other chamber.

Both bills were passed by committees in the legislature on Tuesday.

Legislators are anticipated to grant ultimate authorization to either one or both on Wednesday and transmit the bill to Governor Ivey, who may potentially enact one on the very same day.