Alabama lawmakers advance legislation to protect IVF providers after frozen embryo ruling

MONTGOMERY, Ala. (AP) — Alabama lawmakers facing public pressure to restart in vitro fertilization services in the state advanced legislation to shield providers from the fallout of a court ruling that equated frozen embryos to children.

Committees in the state Senate and House on Tuesday approved identical bills that would protect providers from lawsuits and criminal prosecution for the “damage or death of an embryo” during IVF services. The state’s three major IVF providers paused services after the Alabama Supreme Court’s ruling last month because of the sweeping liability concerns it raised.

Lawmakers are aiming to give final approval Wednesday and send the legislation to Gov. Kay Ivey to be signed into law. They have fast-tracked the immunity legislation as a proposed solution to get clinics back open as they weigh whether additional action is needed.

“The problem we are trying to solve right now is to get those families back on track to be moving forward as they try to have children,” said Rep. Terri Collins, sponsor of one of the bills.

The court ruled that three couples who had frozen embryos destroyed in an accident at a storage facility could pursue wrongful death lawsuits for their “extrauterine children.” The ruling, treating an embryo the same as a child or gestating fetus under the wrongful death statute, raised concerns about civil liabilities for clinics.

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