Alabama lawmakers aim to approve immunity laws for IVF providers

MONTGOMERY, Ala. (AP) — Alabama lawmakers, who face public pressure to get in vitro fertilization services restarted, are nearing approval of immunity legislation to shield providers from the fall out of a court ruling that equated frozen embryos to children.

Committees in the Alabama House of Representatives and the Alabama Senate on Tuesday will debate legislation to protect providers from lawsuits and criminal prosecution for the “damage or death of an embryo” during IVF services. Republican Sen. Tim Melson, the sponsor of the Senate bill, said Monday they are hoping to get the proposal approved and to Gov. Kay Ivey on Wednesday.

“We anticipate the IVF protections legislation to receive final passage this week and look forward to the governor signing it into law,” Ivey spokeswoman Gina Maiola said.

Three major IVF providers paused services in the wake of an Alabama Supreme Court ruling last month 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.

The court decision also caused an immediate backlash. Across the country, groups raised concerns about a court ruling recognizing embryos as children. Patients in Alabama shared stories of having upcoming embryo transfers abruptly canceled and their paths to parenthood put in doubt.

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