Alabama lawmakers are taking action to protect IVF treatments
Alabama lawmakers are considering legislation that would protect in vitro fertilization after a state Supreme Court ruling last week led some clinics to halt IVF treatments and left many women in limbo.
The ruling, which declared that frozen embryos should be legally considered children, set off a fight between leaders of both parties to preserve access to crucial reproductive treatment for families who have struggled with infertility and for LGBTQ couples who want children to get.
The court’s ruling, delivered by an 8-1 majority, applies only to three couples who sued a fertility clinic for the accidental destruction of their embryos. But its wording – combined with a fiery opinion from the chief justice encouraging lawmakers to further expand its scope – has left many wondering about the possible broader implications for people seeking IVF treatment.
At least three major fertility clinics in Alabama have halted IVF treatments this week as doctors and lawyers assess the possible impact of the ruling. On Friday, a major embryo shipping company said it was also “pausing” its operations in Alabama.
And while only Republicans sit on the state Supreme Court, many conservatives in Alabama and across the country quickly sought to distance themselves from the ruling and the perception that they would be out of step with the many Americans seeking IVF and access to support reproductive medicine.
Senator Tim Melson, a Republican who has worked as an anesthesiologist and clinical researcher, plans to introduce a measure that would allow people to continue IVF treatment.
Gov. Kay Ivey, a Republican, indicated she would support such a proposal, saying in a statement Friday that promoting “a culture of life” would also include helping “couples who hope and pray to become parents using IVF ‘ entails.
Because Republicans hold a supermajority in the state legislature, their support is essential for any bill to become law.
Democrats have also proposed their own measure. Anthony Daniels, the minority leader of the Alabama House of Representatives, has filed a petition account on Thursday, it states that “any fertilized human egg or human embryo existing outside of a human uterus shall not be considered an unborn child or human being for any purpose under state law.”
And nationally, the party has not only condemned the ruling but directly linked it to the U.S. Supreme Court decision that ended nationwide anti-abortion protections, a decision that has galvanized women and suburban voters to support Democrats across the country. Republicans have struggled to respond to this political backlash.
The issue could also resonate in hotly contested congressional races. Mr. Daniels, the Democratic House leader, is one of several lawmakers running for a newly elected congressional district in Alabama that is widely seen as a potential boost for his party.
But on Friday it became clear that many Republican leaders, in Alabama and across the country, had little interest in leaving open the possibility that the ruling could endanger reproductive access.
Gov. Brian Kemp of Georgia, a Republican, said at Politics Governors Summit said Thursday that while he was not aware of the full details of the ruling, he supported IVF treatment because many parents “would not have children” if not for the procedure.
The Senate Republican campaign arm issued a memo, obtained by The New York Times, making it clear that candidates must “clearly and concisely reject the administration’s efforts to restrict IVF.”
“It is imperative that our candidates join the public’s overwhelming support for IVF and fertility treatments,” executive director Jason Thielman wrote.
Sarah Cliff reporting contributed.