The GOP-controlled legislature in Alabama is working hard to find a solution that will allow access to in vitro fertilization once again. This comes after a recent decision by the state Supreme Court that deemed frozen embryos as children, causing clinics to stop offering services.

New state laws have been proposed by Republican legislators that would protect doctors who perform in vitro fertilization from civil and criminal charges. This change in legislation is aimed at enabling fertility clinics to resume their services by providing sufficient legal protection. However, the proposed bill is not as comprehensive as an earlier version, which stated that embryos created during the IVF process but not implanted in the uterus should be considered “potential life” rather than “human life.”

No legal action or prosecution can be taken against any person or organization involved in providing goods or services related to in vitro fertilization, unless their actions are both intentional and unrelated to IVF services. This is stated in the one-and-a-half-page bill.

The suggestion was made just over a week following a decision from the state’s supreme court that categorized frozen embryos as minors under a law regarding wrongful deaths – causing three fertility clinics to temporarily close and sparking a nationwide discussion on in vitro fertilization. This has also posed a challenge for Republicans who are already facing difficulties in terms of messaging on abortion. Governor Kay Ivey of the GOP has expressed her backing for a solution that would permit IVF services to continue in the state.

On Tuesday, Ivey stated that legislators were actively addressing the matter and that she anticipated receiving a bill for her approval soon.

The deadline for the measure’s effectiveness is April 1, 2025, so it will only act as a temporary solution to reestablish abortion services at clinics. Some speculate that the state will require a more lasting solution. As referenced by the Supreme Court, a state constitutional amendment passed by the Republican-controlled Legislature and voters in 2018 declares the state’s policy to acknowledge the rights of an “unborn child.”

Jessica Arons, senior policy counsel for the ACLU, explained that although [Legislation] may give fertility clinics some guidance and allow them to resume services, it may not cover all possible situations. She also noted that as long as personhood language remains in the constitution, a court could potentially use it to cause turmoil in people’s lives, as was seen in the recent court ruling.

Both the House and Senate presented drafts of the bill on Tuesday afternoon, with Charles Murry, spokesperson for House Speaker Nathaniel Ledbetter, stating the intention to expedite the process and have the bill on Governor Ivey’s desk.

The proposed laws are scheduled for committee hearings on Wednesday, and there will be a gathering of fertility doctors, patients, and supporters outside on the statehouse steps. This coincides with Democrats in Congress planning to confront a vote on the Senate floor regarding a bill sponsored by Senator [Name].Tammy Duckworth
The representative from the state of Illinois, (D-Ill.), is fighting to safeguard IVF and other methods of fertility treatment.

Murry announced that the Alabama House bill will be voted on this Thursday.

The legislation was introduced following the proposal by Alabama Democrats last week, which closely followed the GOP draft version that was circulated. House Minority Leader Anthony Daniels introduced the bill.said that

According to state law, a fertilized egg or embryo is not legally recognized as an unborn child or human being for any purpose.

Republican State Senator Larry Stutts also presented his own bill, which grants civil and criminal immunity to IVF providers as long as they adhere to accepted standards for providing services.

Certain members of the anti-abortion movement had been optimistic that Alabama would emulate Louisiana’s approach of prohibiting the disposal of viable embryos, but it appears to have had little impact on the utilization of IVF. According to Dr. John Storment, a reproductive endocrinologist based in Lafayette, Louisiana, the state’s legislation has not significantly hindered patients’ ability to undergo the procedure as they typically choose to have their embryos stored in other states where it is permissible to discard them.

“I have a distinct memory from 25 years ago when I first began, where my colleagues from other parts of the country would express their concerns about the inconvenience for my patients. However, I reassured them that it wasn’t as bad as they thought. I am not trying to defend the practice, and I also wish for the same rights. But in reality, storing them off-site is a sensible approach that the rest of the country is now recognizing.” Storment stated.

The Democrats are excited to use the Alabama verdict as a means to further their goal of making abortion rights the primary focus of their campaigns for the 2024 election and mirror the electoral victories they achieved after the Dobbs decision.

Although Republicans have assured their backing for the process, they have chosen to stay mum on the more controversial ethical and moral issues that come with it. This includes how to handle unused embryos. Additionally, numerous Republican members of Congress have supported personhood bills that do not make any exceptions for embryos in fertility clinics.