Alabama governor Kay Ivey (R) signed legislation late Wednesday night protecting IVF clinics from legal liability in the wake of Alabama’s supreme court ruling that frozen embryos are children under state law.
The Republican-dominated state legislature swiftly sent the bill to Ivey’s desk after three major IVF clinics temporarily halted operations because of the legal uncertainty brought by the LePage v. Center for Reproductive Medicine decision that classified embryos as children based on a 19th-century wrongful death statute.
“I am pleased to sign this important, short-term measure into law so that couples in Alabama hoping and praying to be parents can grow their families through IVF,” Ivey said in a statement. “Let me say clearly: Alabama supports growing families through IVF. From protecting the unborn to supporting IVF, Alabama is proud we are a pro-life, pro-family state.”
IVF providers are protected from criminal prosecution and civil lawsuits “for death or damage to an embryo” effective immediately under the new law. The legislation leaves open the possibility of civil lawsuits against manufacturers of goods used during the IVF process if an embryo is killed. Damages in such civil lawsuits will be determined by “the price paid for the impacted in vitro cycle” and manufacturers are immune from criminal prosecution.
The newly signed legislation does not determine the legal status of frozen embryos, the question addressed by the Alabama supreme court last month. IVF itself was not directly addressed by the supreme court decision, however dissenting Justice Greg Cook warned of the potential for IVF to be banned by Alabama due to the 8-1 ruling. Alabama house Democrats proposed legislation to ensure an embryo outside the womb is not considered a child but Republicans did not bring it to a vote.
National Republican leaders were quick to express support for IVF once the Alabama decision vaulted IVF treatment into the national conversation and Democrats sought to capitalize on its popularity.
President Joe Biden’s campaign took the opportunity to link abortion restrictions to the Alabama supreme court’s ruling and criticize former president Donald Trump for supporting the Dobbs v. Jackson Women’s Health Organization decision to overturn Roe v. Wade. Trump posted on Truth Social in support of IVF last month days after the ruling and called for the Alabama legislature to preserve IVF access in Alabama.
First lady Jill Biden is bringing an Alabama IVF patient to her husband’s State of the Union address tonight as the Biden administration pushes to expand abortion tourism and access to contraception.