Major Embryo Shipping Company is ceasing operations in Alabama
Cryoport, a major embryo shipping company, said Friday it was “pausing” its operations in Alabama as it reviewed the state Supreme Court’s decision declaring frozen embryos created through in vitro fertilization as children.
“Until the company has more clarity on the decision and what it means for Cryoport, clinics and intended parents, it is pausing all operations in Alabama until further notice,” read an email received by an Alabama fertility clinic and shared with The New York Times.
The email stated that Cryoport “would not be able to assist” with a scheduled shipment, and would instead offer a refund.
The Alabama court ruling has already significantly limited fertility treatment for patients in that state. Three clinics have suspended care as they evaluate what the ruling means for their patients and their own legal liability. The case involved several couples whose frozen embryos were accidentally destroyed at a clinic in Mobile. It concluded that clinics could be held liable for wrongful death claims, adding new severity to accidents that are not uncommon in fertility treatments.
Cryoport’s decision will make it more difficult for current IVF patients to move embryos out of state to continue treatments.
Embryo shipping is common in modern fertility treatments, as patients sometimes move and need to change clinics or move embryos they don’t plan to use anytime soon to a long-term storage facility.
Cryoport did not immediately respond to a request for comment. On its website, it describes itself as the “most trusted provider” of temperature-controlled shipping and advertises that it has shipped more than 100% 600,000 packages working in the in vitro fertilization sector for more than 10 years. In 2022 it almost generated $10 million in revenue of her work in reproductive health.
The court’s ruling and swift response were unbearable for both the state’s reproductive health care providers and patients.
“Those conversations were some of the most difficult of my career,” says Dr. Mamie McLean, a reproductive endocrinologist at the Alabama Fertility Center, who stopped treatment earlier this week. “These are patients with whom I have made decisions about care plans, and families who will not have another child because of this ruling.”
Although her clinic is not currently recommending that patients move their frozen embryos out of state, she said she has received many calls from patients inquiring about the option.
“Not only can they not get treatment in Alabama, they now can’t get treatment anywhere else. They are trapped,” said Dr. McLean. “It means that this decision has consequences beyond my state walls.”
Barb Collura, president of the infertility charity Resolve, said Cryoport’s decision was troubling but not unexpected.
“It’s an astonishing turn of events, but I’m not at all surprised when you talk about embryo shipping,” she said. “If I were running one of those companies, I would do the same thing. It’s too risky now.”
Other companies also ship embryos, but it is unclear if they have changed their services in Alabama. Reprotech, another major shipper, did not immediately respond to a request for comment.