Alabama lawmakers advance legislation to protect IVF providers after frozen embryo ruling
The IndependentFor free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Please enter a valid email address Please enter a valid email address SIGN UP I would like to be emailed about offers, events and updates from The Independent. Committees in the state Senate and House on Tuesday approved identical bills that would protect providers from lawsuits and criminal prosecution for the “damage or death of an embryo” during IVF services. The court ruled that three couples who had frozen embryos destroyed in an accident at a storage facility could pursue wrongful death lawsuits for their “extrauterine children.” The ruling, treating an embryo the same as a child or gestating fetus under the wrongful death statute, raised concerns about civil liabilities for clinics. The legislative proposals state that "no action, suit, or criminal prosecution for the damage to or death of an embryo shall be brought or maintained against any individual or entity when providing or receiving services related to in vitro fertilization.” Civil lawsuits could be pursued against manufacturers of IVF-related goods, such as the nutrient-rich solutions used to grow embryos, but damages would be capped and criminal prosecution would be forbidden. Sean Tipton, a spokesperson for the organization, said Monday that the legislation does not correct the fundamental problem, which he said is the court ruling “conflating fertilized eggs with children.” House Democrats proposed legislation that would put in state law or the state Constitution that a human embryo outside a uterus cannot be considered an unborn child or human being under state law.