On Wednesday, March 6, Alabama Governor Kay Ivey, a Republican, signed legislation into law shielding doctors who provide fertility services from potential legal liability, according to the Associated Press. State legislators supported the immunity proposal as a solution to the concerns of clinics across Alabama, some of which are now in the process of resuming regular IVF protocols.
Source: Kim Chandler, AP News
Following a recent accident Mobile Infirmary Medical Center in Mobile, Ala. in which frozen embryos being stored at the hospital were dropped and destroyed by a patient, the state Supreme Court ruled on Feb. 16 that fetuses developing from in vitro fertilization (IVF) should be considered children under the law. The verdict is speculated to stem from conservative leaders’ desire to introduce and institute anti-abortion laws and policies that define personhood from the moment of conception, a mission that may affect or altogether eliminate a path to parenthood for those who have faced fertility challenges.
Several IVF providers across Alabama placed an immediate pause on their services, leaving patients with no choice but to look for other options, according to the Associated Press. Medical experts, educators, and citizens alike have already expressed fear and frustration towards the early consequences of the state’s ruling and how it will expectedly continue to threaten women’s reproductive rights.
“Students studying health sciences [or really any student] should be concerned about any legal decisions that impede access to quality healthcare, which this recent ruling does,” said Patricia Lewis, Assistant Professor of Health Science. “As is the case with abortion bans, women of higher socioeconomic status can always travel to another state to seek reproductive care like IVF, but poor women do not have the same opportunities and will be severely limited in their family planning options.”
In spite of the significant pushback by some members of the Republican Party towards maintaining fertility treatment availability following the storage facility incident, certain conservative representatives are taking action to address the harm that has resulted from the ruling. According to the Associated Press, Republican State Senator Tim Melson, who is also a doctor, intends to file legislation protecting IVF services throughout Alabama so that this possibility remains within reach for aspiring parents.
Still, the decision continues to breed controversy and criticism among politicians as well as members of the public who wrestle with such an ethical dilemma.
“I think that firstly students, regardless of background, ideology, or position on the topic of this, should approach it with an open mind willing to listen to the opinions of others,” said junior Jacqueline Gonzalez, who is majoring in political science. “As far as implications of this are concerned, regardless of what side of argument one lies on, people spent time and money attempting to have a child through IVF and are rightfully upset that the system has interfered with such a time-sensitive process.”
While the individual who is responsible for the accident will not be criminally charged under the ruling, as it revolves around civil wrongful death claims as opposed to criminal charges over the death of embryos, legal scholars expect more cases to develop nationwide regarding fetal rights.
“Although this is a state-centered ruling confined to Alabama, I would not be surprised if some courts located in other states where there is a large contingent of evangelical Christians issue similar rulings,” said Gary Rose, Professor of Political Science. “What begins in one state sometimes has a ripple effect in other states. IVF might even work its way to the U.S. Supreme Court given the high court’s conservative posture and willingness to address moral and social issues.”
Besides noting this decision’s potential national impact from a judicial perspective, Rose also recognized how it may determine who will occupy America’s Oval Office next January.
“The Alabama ruling, although confined to one state, could structure opinions and perceptions about the two parties and thus make a difference in swing states. In other words, the ruling could impact the election results,” Rose said.
