Alabama Supreme Court Rules Frozen Embryos Are Children, Jeopardizing IVF Possibilities

Mar. 15, 2025

The Heflin-Torbert Judicial Building.Photo:Getty

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Frozen embryos will legally be considered children under a new Alabama Supreme Court ruling.

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A lawsuit was filed against the clinic and the Center for Reproductive Medicine, alleging negligence and that Alabama’s Wrongful Death of a Minor Act had been violated. After a trial court dismissed the claims, the plaintiffs filed an appeal.“The parties to these cases have raised many difficult questions, including ones about the ethical status of extrauterine children, the application of the 14th Amendment to the United States Constitution to such children, and the public-policy implications of treating extrauterine children as human beings,” Justice Jay Mitchell wrote in Friday’s ruling.“But the Court today need not address these questions because, as explained below, the relevant statutory text is clear: the Wrongful Death of a Minor Act applies on its face to all unborn children, without limitation,” Mitchell continued.

Per Friday’s decision, unborn children are to legally be considered children “without exception based on developmental stage, physical location, or any other ancillary characteristics.”

An exterior view of the Alabama Supreme Court building.Getty

Many spoke out against the decision, arguing about its potential to jeopardize IVF treatments. Barbara Collura, CEO of RESOLVE: The National Infertility Association, told theAssociated Pressthat the ruling could lead to patients questioning if they can freeze future embryos, or if they can destroy or donate unused embryos.

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source: people.com