Lawmakers in both chambers of the Alabama Legislature have introduced bills looking to protect providers who administer in vitro fertilization (IVF) treatments, following the state Supreme Court’s Feb. 16 ruling that frozen embryos are children under state law.
The court’s ruling meant hospitals and doctors that perform failed IVF procedures could face charges related to the wrongful death of a minor. Multiple health systems in the state paused IVF treatments after the ruling was handed down. Experts say the new standard could make the treatment more expensive and inaccessible, though it does not make it illegal.
Amid the fallout from the decision, Republicans in the state — and nationally — have backed IVF, saying they support expanding access to the treatment.
State Sen. Tim Melson (R) introduced new legislation in the state Senate. Senate Bill 159 aims to provide “civil and criminal immunity to persons providing goods and services related to in vitro fertilization except acts of omission that are intentional and not arising from or related to IVF services.”
State Rep. Terri Collins (R) introduced a companion bill in the House. Collins’ bill is retroactive and would automatically repeal on June 1, 2025, while Melson’s would repeal on April 1, 2025.
The upper chamber’s bill is pending in the state’s Senate Healthcare Committee, while the House bill will be heard by the state House Health Committee on Wednesday.
While IVF is not outlawed in Alabama, fertility experts said the ruling has upended how IVF is practiced and left far more questions than answers.
In a concurring opinion in the ruling, Chief Justice Tom Parker said IVF will look different but won’t end in the state. He added that courts will dictate how IVF can be performed in a way that won’t cause harm to the unborn children.
While only limited to the state of Alabama, the ruling has a far-reaching potential and may open the door to more battles over reproductive rights. It also comes nearly two years after Roe v. Wade was overturned, ending the federal right to abortion.
