By Liberty Counsel —— Bio and Archives--March 9, 2024
MONTGOMERY, AL – After the Alabama Supreme Court ruled 7-2 that frozen embryos created through in-vitro fertilization (IVF) are children, the state legislature and Governor Kay Ivey enacted a law this week providing medical professionals and IVF participants with legal immunity for the death or damage of a frozen embryo. Despite the Court stating that an IVF embryo is a “minor child” and is no different under the law than an embryo in the womb, the new law will treat frozen IVF children differently and not allow legal consequences for their deaths.
Liberty Counsel Founder and Chairman Mat Staver said, “The Republican-led legislature missed the mark with this knee-jerk reaction. It is too bad legislators are moved more by political winds than in science and in the fundamental issues involving human life.”
In February 2024, the Alabama High Court determined that the state’s constitution, under its 2018 Sanctity of Unborn Life Amendment, protected “‘the rights of the unborn child’ equally with the rights of born children.” The Court stated that all unborn children, no matter their stage or location, were entitled to the same legal protections under the law and ruled that a wrongful death lawsuit involving the destruction of frozen embryos could move forward. The court ruling then prompted the three largest IVF providers in the state to pause IVF procedures under potential risks of prosecution.
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