Alabama Supreme Court Defines Frozen Embryos as Children

The Alabama Supreme Court has ruled that frozen embryos qualify as children under state law, a decision emerging from wrongful death lawsuits by three couples against a fertility clinic for the destruction of their frozen embryos due to an accident. The ruling leverages anti-abortion language in the Alabama Constitution, extending the 1872 law that permits parents to sue for the wrongful death of a minor child to include “all unborn children,” as stated by Justice Jay Mitchell.

This landmark decision has prompted concerns over its implications for fertility treatments in Alabama, with experts warning it might severely restrict in-vitro fertilization (IVF) practices. Critics argue that equating a fertilized egg to a person could complicate the ability to freeze, donate, or destroy unused embryos, potentially halting IVF treatments. Following the ruling, at least one Alabama fertility clinic has temporarily paused IVF treatments.

The ruling has also sparked a broader debate about the legal status of embryos and its impact on reproductive healthcare. Some see the decision as a step forward in protecting unborn life, while others view it as a significant setback for reproductive rights and fertility treatments.

The case originated from incidents where frozen embryos were accidentally destroyed, leading the affected couples to pursue wrongful death claims. The court’s decision allows these lawsuits to proceed.