Couples ask judge to find Alabama law that provides legal immunity to IVF providers unconstitutional

MONTGOMERY, Ala. (AP) — Couples whose lawsuits against fertility providers led an Alabama court to rule that frozen embryos could be considered children have asked a judge to toss out a new state law that provides legal immunity to in vitro fertilization providers.

The couples asked the judge to declare that the law — which was hastily approved by state lawmakers to protect IVF services in the state — as unconstitutional. It is the latest development in the legal saga that drew international attention and sparked concerns over the availability of IVF.

Three couples had filed wrongful death lawsuits against a fertility clinic and hospital over the accidental destruction of their frozen embryos when someone opened the storage container. The Alabama Supreme Court in February ruled the the couples could pursue lawsuits for the death of their “extrauterine children.” That led three large fertility clinics to cease services because of liability concerns raised by the ruling treating the embryos the same as a child or gestating fetus under the wrongful death statute. Facing public pressure to get IVF services restarted in the state, lawmakers approved lawsuit protections for clinics. Clinics reopened soon after its approval.

The new statute, which took effect immediately, shields providers from prosecution and civil lawsuits “for the damage to or death of an embryo” during IVF services. Civil lawsuits could be pursued against manufacturers of IVF-related goods, such as the nutrient-rich solutions used to grow embryos, but damages would be capped to “the price paid for the impacted in vitro cycle.”

<bsp-list-loadmore data-module="" class=«PageListStandardB» data-gtm-region=«RELATED COVERAGE» data-gtm-topic=«No Value»