What's next after the Alabama ruling that counts IVF embryos as children?
by Kim Chandler and Geoff Mulvihill
Feb 22, 2024
4 minutes
The Alabama Supreme Court ruled last week that couples who were trying in vitro fertilization and lost frozen embryos in an accident at a south Alabama storage facility can sue under the state’s wrongful death law.
Since then, three providers have paused the often-used fertility treatments while they sort out the legal implications.
The ruling is the first of its kind and extends a theory championed by some anti-abortion groups — that embryos and fetuses should be considered children and be afforded legal protections — into a new realm.
While the decision was narrow, some legal scholars think there's potential for wider impact.
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