MONTGOMERY, Ala. (AP) — Facing public pressure to get in vitro fertilization services restarted, Alabama lawmakers moved closer to approving protections for fertility clinics that shut down after a state court ruled that frozen embryos are the legal equivalent of children.
Both chambers of the Alabama Legislature advanced bills Thursday that would shield clinics from prosecution and civil lawsuits. Each bill now moves to the opposite chamber for debate. Bill sponsor Rep. Terri Collins said they are aiming to get the measure approved and to the governor on Wednesday.
“This would at least keep the clinics open and the families moving forward,” Collins said. She described the legislation as a temporary fix while lawmakers weigh if additional action is needed.
The Alabama Supreme Court ruled in mid-February that three couples who had frozen embryos destroyed in an accident at a storage facility could pursue wrongful death lawsuits for their “extrauterine children.” The ruling, treating an embryo the same as a child or gestating fetus under the wrongful death statute, raised concerns about civil liabilities for clinics. Three major providers announced a pause on IVF services.
Republicans’ proposal focused on lawsuit protections instead of attempting to address the legal status of embryos. The legislation would shield providers from prosecution and civil lawsuits related to the “damage to or death of an embryo” during IVF services.