Embryo transfers are resuming in Alabama, even as legal questions remain
At least one fertility clinic in Alabama resumed embryo transfers on Thursday, just hours after Governor Kay Ivey signed a law giving clinics and doctors legal protection for in vitro fertilization procedures.
The law, which was quickly passed by the state Legislature on Wednesday with bipartisan support, was in direct response to a state Supreme Court ruling late last month that ruled frozen embryos should be considered children.
The ruling threw Alabama’s reproductive medicine practices into turmoil, and several clinics temporarily stopped offering IVF treatments, fearing legal ramifications.
“We will no longer take this for granted,” said Dr. Mamie McLean, an infertility specialist at Alabama Fertility, who confirmed Thursday morning that the practice had scheduled a pair of embryo transfers for later in the day and on Friday.
But Dr. McLean, who spent days at the State House in Montgomery pleading with lawmakers to allow her work to continue, acknowledged that more legal clarity was needed to ensure IVF could continue without problems in the long term.
Republican lawmakers, torn between a pledge to protect unborn life and a rush to restart IVF treatments, sidestepped the question of whether an embryo should be considered a person and focused instead on allowing the reopening of clinics. It remains unclear when and how the Legislature will answer this question, as it could lead to additional legal challenges.
“I don’t know if we’ll get back to normal as long as the state Supreme Court ruling stands,” said Dr. McLean, adding that the ruling “casts a shadow over our field.”
Dr. McLean said she and other doctors at Alabama Fertility, which has clinics across the state, not only began new rounds of embryo transfers Thursday but also spoke to patients about the law and resuming appointments.
The ruling put Alabama at the center of a political firestorm over the protections afforded to parents who turn to IVF and other infertility treatments — often an expensive and emotionally draining last resort to have children.
Democrats, led by President Biden, claimed the pause in IVF treatments was the latest consequence of the U.S. Supreme Court’s ruling to overturn Roe v. Wade, the landmark case that had guaranteed access to abortion. The State of the Union address Thursday evening featured doctors and women involved in IVF treatment – including the first woman to be conceived and born as a result of the treatment in the United States – would attend as guests.
Republicans, who have long defended themselves as the party best positioned to defend life at every stage, insisted they had no problem with IVF treatments and called on state lawmakers to take action.
Other clinics were in the process of reopening or continuing IVF treatment in the coming days. The University of Alabama at Birmingham Health System said late Wednesday that it expected to resume its IVF work in the coming days.
“UAB appreciates the Alabama Legislature and Governor Kay Ivey for quickly passing and signing legislation that provides some protection and will therefore allow UAB to restart in vitro fertilization treatments,” said Dr. Warner Huh, chairman of the department of obstetrics and gynecology. in a recorded video statement. He added that the ministry would continue to push for additional protection.
But Infirmary Health Systems and the Center for Reproductive Medicine, the clinic and doctors at the center of the wrongful death lawsuit that prompted the court’s ruling, said in a statement Wednesday that they would await “legal clarification regarding the scope of immunity” in the new law.
“At this time, we believe the law falls short in addressing the fertilized eggs currently being stored in the state and presents challenges for physicians and fertility clinics trying to help deserving families have children of their own,” the statement said.
Eduardo Medina reporting contributed.