New Alabama Bill Aims To Protect IVF Providers Amid Debate Over 'Personhood'

By Jennifer Wentworth | Saturday, 09 March 2024 08:30 AM
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Alabama Governor Kay Ivey has signed into law SB159, a legislation designed to protect in vitro fertilization (IVF) clinics and providers from potential lawsuits should they inadvertently harm or destroy embryos.

The move comes in response to mounting pressure to resume IVF services in the state, which had been halted at some of the state's largest fertility clinics.

The bill, which received overwhelming support from the Alabama Legislature, was signed into law on Wednesday. It aims to shield doctors from legal liability following a court ruling that equated frozen embryos to children. The legislation was swiftly approved in a late-night session by lawmakers who were keen to address the wave of criticism that followed the suspension of services at some of the state's major fertility clinics.

However, the legislation has not addressed the legal status of embryos created in IVF labs, a move that some argue is necessary to permanently resolve the issue. This "some" refers to abortion activists who hold significant influence over a majority of Democrat and some Republican legislators.

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The American Society for Reproductive Medicine (ASRM), a leading organization in this field, has been particularly vocal. ASRM advocates for abortion on demand and has expressed concern over the potential implications of the June 2022 United States Supreme Court decision. The organization fears that the decision could lead to restrictions on the use of assisted reproductive technologies, including IVF, and the proliferation of so-called “personhood” measures, which define life as beginning at conception or fertilization.

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ASRM has been proactive in its efforts to counteract these potential outcomes. The organization appears to prioritize the issue of abortion over the concerns of IVF patients or doctors. Alabama's laws, which prohibit abortions with no exceptions, and the Alabama Supreme Court decision that upheld the personhood of the product created by these clinics, have resulted in a ruling that allows plaintiffs in a lawsuit to sue the IVF clinic that destroyed their embryos under the Wrongful Death of a Minor Act.

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The decision to halt IVF services in Alabama was not imposed by any external body, but was a choice made by the IVF providers themselves. This has led to accusations that Alabama has been unfairly targeted, especially considering that there are 11 other states with laws against harming human embryos.

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The signing of the bill into law has been met with mixed reactions. While some view it as a necessary measure to protect IVF providers and ensure the continuation of services, others see it as a political move designed to secure campaign donations from wealthy communities.

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The issue of abortion is expected to feature prominently in the 2024 ballot, and the controversy surrounding IVF is seen as one of many tactics being used to ensure this. ASRM, while praising the Alabama legislation, has stated that it is not enough and has called for the Alabama Supreme Court decision that human embryos are persons to be rescinded.

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The organization has also announced that President Joe Biden will include IVF protections in his State of the Union address. This move is seen as a response to the widespread outrage following the Alabama Supreme Court decision, which effectively shut down IVF care in the state.

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The issue has garnered national attention, with the Biden administration, Congressional leaders, and state legislators of both parties issuing statements in support of IVF, meeting with patients and physicians, and advancing legislation designed to protect IVF access.

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However, some argue that this is merely a tactic employed by Democrat lawmakers, under the influence of ASRM, to create a wedge issue with the aim of eroding impact. They accuse Democrats of muddying the issue in order to bring abortion back under federal control.

Regardless of the motivations behind the legislation, the fact remains that the issue of IVF and abortion is a contentious one, with strong opinions on both sides. As the debate continues, it remains to be seen what impact this will have on the future of reproductive rights in Alabama and across the nation.

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