Alabama’s in vitro fertilization clinics have stopped offering services following a recent state Supreme Court decision that deemed frozen embryos as children. Patients are now having to find alternative options.

This week, doctors and patients in Alabama have been struggling with feelings of shock and anxiety as they navigate the aftermath of a decision made by the all-Republican Supreme Court. As a result, three clinics have temporarily halted their services, while one facility has reassured patients that IVF treatment will still be available. In response to this ruling, state legislators have started to explore options for safeguarding IVF services within the state.

The University of Alabama at Birmingham, along with Alabama Fertility Services and The Center for Reproductive Medicine, in partnership with Infirmary Health, has announced a temporary halt on IVF procedures.

Infirmary Health CEO Mark Nix expressed empathy for the hardship faced by families who wish to have children but have limited options for conception.

On Thursday morning, Gabby Goidel was informed by her provider that they would not be able to perform an embryo transfer if they successfully retrieved eggs, just days before her scheduled egg retrieval appointment.

“I was filled with panic. Tears started streaming down my face. I felt like I was stuck in an intense state of uncertainty. They didn’t have all the solutions. Obviously, I didn’t have any answers either,” Goidel shared.

Goidel, who experienced three miscarriages and turned to IVF as a way she and her husband could fulfill their dream of becoming parents, found a place in Texas that will continue her care and plans to travel there Thursday night.

According to Goidel, the Alabama ruling is not supportive of families in any manner.

Dr. Brett Davenport from the Fertility Institute of North Alabama reassured patients that there is no need to panic and that his clinic will still offer IVF services. However, he also called on policymakers to take action and eliminate any uncertainty for healthcare providers.

According to Davenport, our actions align with the pro-life stance as we strive to assist couples facing infertility in creating a family.

According to Davenport, he is confident that they are legally permitted to continue the process of transferring embryos to a woman. However, there are uncertainties surrounding the handling of frozen embryos that are not immediately utilized by clinics.

According to Davenport, patients may opt to produce fewer embryos or forego genetic testing if they are uncomfortable with the idea of having genetically abnormal embryos “stuck in limbo, uncertain of when they can be thawed or their fate.”

The justices ruled that three couples whose frozen embryos were accidentally destroyed at a storage facility can seek compensation for the loss of their “extrauterine children.” This decision considers the embryos to hold the same legal status as a child or developing fetus, which brings up concerns about the potential legal consequences for fertility clinics during IVF procedures, such as embryo freezing, testing, and disposal.

The judges referenced the phrasing of the law for wrongful death, as well as the language included in the Alabama Constitution in 2018 which acknowledges the rights of unborn children.

Justice Jay Mitchell stated in an opinion that all unborn children should be considered as “children” without any exceptions, regardless of their developmental stage, physical location, or other related characteristics.

Alabama legislators quickly searched for a possible resolution, introducing numerous bills.

Senator Tim Melson, a Republican and a medical practitioner, expressed no surprise at the unintended effects of the constitutional language from 2018. He plans to introduce legislation to safeguard in vitro fertilization services in the state. Melson’s proposed bill aims to specify that a fertilized egg is legally protected under state statutes once it is successfully implanted in the uterus. However, until that point, it is considered a “potential life.”

“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.

Democratic Senate Minority Leader Bobby Singleton expressed concern that the Republican focus on implementing strict anti-abortion measures could potentially prevent individuals from fulfilling their desire to become parents.

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

According to Mary Ziegler, a legal historian at the University of California, Davis School of Law, the recent court ruling in Alabama determined whether embryos are protected by the state’s wrongful death law. However, Ziegler notes that the court did not explicitly grant embryos full constitutional rights, at least for now.

Ziegler believes that the recent ruling in Alabama is just the beginning and will likely result in further legal actions. She mentioned that there has been a push from anti-abortion organizations and politicians to establish that a fetus has constitutional rights through the federal court system.

She stated that this is not solely related to in-vitro or limited to Alabama, but is also a part of a larger nationwide movement.

Dean Rachel Rebouche of the Beasley School of Law at Temple University in Philadelphia views the verdict as symbolic of the ongoing effort to establish fetal personhood.

Rebouche stated that although this may not be the exact instance that triggers it, the anti-abortion forces are intentionally making a strategic choice as they are aware of the previous failures of personhood bills.

According to Dr. John Storment, a fertility specialist in Lafayette, Louisiana, the recent ruling in Alabama could impact the decision of whether fertility doctors choose to relocate to or remain in the state.

“I doubt any doctor would willingly put themselves in a position where they could potentially face criminal charges,” he stated. “There are 49 other states and numerous other countries where they could practice medicine without the same risk.”

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Reporters from the Associated Press, Geoff Mulvihill in Philadelphia and Laura Ungar in Louisville, Kentucky, also provided coverage for this piece.