MONTGOMERY, Ala. (AP) — LeeLee Ray went through eight miscarriages, one ectopic pregnancy and multiple surgeries before turning to surrogacy in her hopes of having a child.

She and her spouse sought a surrogate via a matching program and intended to transfer frozen embryos soon. However, this plan is now uncertain due to Alabama fertility clinics discontinuing IVF services following a state court decision that recognizes embryos as children under the state’s wrongful death statute.

Ray expressed her frustration with the current situation, stating that there was previously hope for a resolution. However, due to legal restrictions, she and others are unable to transfer their frozen embryos to their surrogate or move them out of state. Ray was among a group of over 200 in vitro fertilization patients who gathered at the Alabama Statehouse on Wednesday to appeal to lawmakers for a solution that would allow them to continue their treatments in the state.

Republican legislators made a pledge to promptly address the issue and put forth measures to safeguard in vitro fertilization providers from both criminal and civil lawsuits. However, they faced challenges from both those who were against their decision on IVF and staunch anti-abortion members within their own party. As a result, they chose not to tackle the question of whether the embryos should be legally regarded as human beings.

“We are seeking a resolution … This would help in reopening the clinics,” stated Senator Tim Melson, who is both a physician and the sponsor of one of the proposed bills, regarding the proposed immunity.

In recent rulings, the Justices in Alabama have permitted three couples, whose frozen embryos were lost in an incident at a storage facility, to pursue legal action for the deaths of their “extrauterine children.” This decision was based on the inclusion of anti-abortion terms in the Alabama Constitution in 2018, which acknowledges and safeguards the rights of unborn children. The amendment was passed by 59% of Alabama voters.

The decision to classify an embryo as equal to a child or developing fetus in the wrongful death law has sparked worries over potential lawsuits against clinics. As a result, three clinics have temporarily suspended their IVF services.

Melson withdrew a previous suggestion that stated a developing embryo should only be recognized as a human life after being implanted in the uterus.

“There are varying perspectives on what constitutes being alive, what is considered viable, and what is not,” Melson stated on Wednesday.

Certain conservative organizations have voiced apprehension over plans that would leave out embryos from being classified as human beings. The Eagle Forum of Alabama released a statement, urging legislators to steer clear of any legislative measures that could potentially go against our Constitution and the acknowledged definition of human life.

“Eagle Forum declared that life commences during conception and not implantation.” The organization urged legislators to discover a solution to allow IVF procedures to continue, while also advocating for laws prohibiting the destruction or donation of viable embryos.

Some legislators questioned the necessity of halting IVF procedures. Senator Larry Stutts, a Republican and obstetrician, who is also promoting one of the bills, pointed out that certain clinics remained open throughout the pandemic.

On Wednesday, a senator from the Democratic party commented that Republicans are not effectively addressing the underlying problems. Certain members of the House of Representatives have suggested a bill that would declare that a human embryo outside of a uterus is not legally recognized as an unborn child or human being in any capacity according to state laws.

Senator Linda Coleman-Madison, a Democrat from Birmingham, stated that if the issue of defining an embryo as a child is not addressed and the underlying issue is ignored, the same problem will continue to arise.

Representative Chris England, a member of the Democratic party representing Tuscaloosa, stated that legislators might be able to offer a short-term remedy through laws, but it is crucial for a permanent solution to also consider the 2018 constitutional amendment.

According to England, the amendment is essentially concerning the status of personhood. He finds it intriguing that many are criticizing the decision, yet the legislation fails to directly confront it.

Activists are worried that the issue of IVF will become more involved in conversations about abortion.

Barbara Collura, the President of RESOLVE: The National Infertility Association, stated that the country is eagerly monitoring the events in Alabama.

According to Collura, this may serve as a guide for other states to limit IVF procedures or as a guide for protecting IVF and the creation of families.

Dr. Michael C. Allemand expressed that the past ten days have been the most challenging of his career. He had emotional discussions with patients about the possibility of having to pause their treatment.

Allemand expressed that there were widespread tears among patients, staff, and herself due to unexpected constraints preventing the usual fertility treatments from being offered to patients.