“The Alabama Supreme Court has declared that frozen embryos may be legally recognized as children according to state law,” stated a recent ruling. Some have expressed concerns about the potential impact this decision could have on fertility procedures in the state.

The ruling came from two lawsuits filed by three couples, who lost their frozen embryos in a mishap at a fertility center. The Justices referred to the anti-abortion wording in the Alabama Constitution and concluded that a state law from 1872, which permits parents to sue for the loss of a child under 18, also covers unborn children regardless of where they are located.

The majority ruling from the all-Republican court, written by Justice Jay Mitchell on Friday, stated that all unborn children should be considered “children” regardless of their developmental stage, physical location, or any other secondary characteristics.

Mitchell said the court had previously ruled that fetuses killed while a woman is pregnant are covered under Alabama’s Wrongful Death of a Minor Act and nothing excludes “extrauterine children from the Act’s coverage.”

The decision sparked a surge of cautions regarding the potential consequences for fertility procedures and the preservation of embryos, which were previously deemed as possessions by the legal system.

Barbara Collura, CEO of RESOLVE: The National Infertility Association, expressed concern about a recent ruling that defines a fertilized egg as a person, stating that it raises doubts about the use of in-vitro fertilization. She stated in an interview with The Associated Press on Tuesday that the decision is alarming for the 1-in-6 individuals affected by infertility who rely on IVF.

The statement poses concerns for both providers and patients, such as whether or not it is possible to preserve future embryos produced during fertility treatment, or if patients have the option to donate or dispose of unused embryos.

According to Sean Tipton, a representative from the American Society for Reproductive Medicine, a fertility clinic in Alabama has been advised by their partner hospital to temporarily halt IVF procedures following the ruling.

According to Dr. Paula Amato, the president of the American Society for Reproductive Medicine, considering frozen fertilized eggs to be legally equivalent to a child or gestating fetus could potentially restrict access to modern healthcare options.

According to Amato, treating these distinct biological entities as equal under the law will prevent people in Alabama from having access to advanced fertility treatments. This could deter healthcare providers from offering these treatments due to the potential for legal consequences.

According to the ruling, the individuals involved in the Alabama case had received IVF procedures, which resulted in the production of multiple embryos. Some of these embryos were successfully implanted, leading to the birth of healthy children. The remaining embryos were stored in a facility at the Mobile Infirmary Medical Center, which the couples paid for. In 2020, a patient entered the area where the embryos were stored and took some without permission, causing them to be dropped and ultimately destroyed.

The justices have decided that the couples can continue with their wrongful death lawsuits. The lawyers representing the fertility clinic involved in the Alabama case did not respond to an email requesting comment. The defendants in the case, the clinic and hospital, may request for the court to review its ruling.

The decision was celebrated by a group against abortion. Lila Rose, the president and founder of Live Action, stated that every individual, regardless of their age from a developing embryo to an elderly person nearing the end of their life, holds immeasurable worth and should receive legal protection.

In his concurring opinion, Chief Justice Tom Parker referenced the Bible to explain the interpretation of “the sanctity of unborn life” in the Alabama Constitution.

Parker stated that from the moment of conception, every person reflects the essence of God and their existence cannot be erased without also erasing his magnificence.

Judge Greg Cook, who submitted the sole dissenting opinion to the majority ruling, argued that the 1872 legislation did not specify the meaning of “minor child” and was being interpreted beyond its original purpose to include frozen embryos.

Furthermore, there are additional noteworthy factors that warrant worry about the decision made by the main opinion. According to the author, not a single court in the entire country has come to the same conclusion as the main opinion. The author also stated that the ruling will most likely put an end to the production of frozen embryos through in vitro fertilization (IVF) in Alabama.

The ruling of the Alabama Supreme Court was influenced in part by a provision added to the Alabama Constitution in 2018 that contains anti-abortion language. This provision declares that it is the state’s official policy to safeguard the rights of unborn children.

Advocates claimed that it would serve as a statement of voters’ values and would have no effect unless states gained greater authority over abortion availability. In 2022, states did gain more control over abortion access.

At the time, critics argued that this could have far-reaching effects on civil and criminal laws, extending beyond just access to abortion. They saw it as a measure to grant constitutional rights to fertilized eggs, essentially treating them as persons.

Karine Jean-Pierre, the White House’s press secretary, stated on Tuesday that the recent ruling in Alabama illustrates the impact of the Supreme Court’s decision to overturn Roe v. Wade in 2022. She also denounced Republican politicians for impeding women’s access to reproductive and emergency healthcare.

Jean-Pierre, speaking to reporters on Air Force One, stated that the current president and vice president are committed to defending reproductive health care and urging Congress to reinstate the safeguards of Roe v. Wade for women in all states.