In a groundbreaking decision on Tuesday, February 20th, the Alabama Supreme Court ruled that frozen embryos created during fertility treatments are to be considered children under state law. This ruling, emerging from wrongful death cases involving couples whose frozen embryos were destroyed in an accident at a fertility clinic, has ignited a firestorm of debate over its implications for fertility treatments and reproductive rights.
The court’s decision leverages anti-abortion language in the Alabama Constitution, asserting that an 1872 state law, which allows parents to sue for the wrongful death of a minor child “applies to all unborn children, regardless of their location.” Justice Jay Mitchell, writing for the majority, emphasized that “unborn children are ‘children’ under the Act, without exception based on developmental stage, physical location, or any other ancillary characteristics.”
This ruling builds on the court’s previous stance that fetuses lost during pregnancy fall under Alabama’s Wrongful Death of a Minor Act, extending this protection to “extrauterine children.” The cases in question involved couples who had undergone in vitro fertilization (IVF) treatments, resulting in several embryos. While some embryos were implanted and led to successful births, others were stored at the Mobile Infirmary Medical Center, where they were inadvertently destroyed.
Chief Justice Tom Parker supported the ruling with a concurring opinion that invoked biblical references to underscore the sanctity of unborn life, stating, “Even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory.”
However, Justice Greg Cook offered a dissenting view, arguing that the 1872 law did not explicitly define “minor child” and that its application to frozen embryos stretches beyond its original intent. Cook warned that this decision could severely impact the practice of creating frozen embryos through IVF in Alabama, stating, “No court — anywhere in the country — has reached the conclusion the main opinion reaches.”
The ruling reflects Alabama’s 2018 constitutional amendment, supported by voters, to recognize the rights of unborn children. While proponents claimed it was a declaration of belief with no immediate legal impact, critics feared it would have far-reaching effects beyond abortion access, potentially affecting various aspects of civil and criminal law.
This decision by the Alabama Supreme Court marks a significant moment in the ongoing debate over reproductive rights and the legal status of embryos, with potential implications for fertility treatments and the broader legal recognition of unborn life in the United States.
