Alabama Supreme Court Ruling Creates Uncertainty for IVF Patients
For couples struggling with infertility, in-vitro fertilization (IVF) has provided a glimmer of hope. However, a recent ruling by the Alabama Supreme Court has thrown the future of IVF into uncertainty. The court’s decision, which considers frozen embryos as children under Alabama’s Wrongful Death of a Minor Act, has far-reaching implications for IVF patients like Jasmine York and Kendall Diebold.
Jasmine York, 34, and her husband have been trying to conceive since last year. As nurses, they understood the medical procedures involved and decided to freeze embryos before tying the knot in March 2023. After an unsuccessful embryo transfer in August 2023, the couple is currently undergoing their second round of IVF. However, following the Alabama Supreme Court ruling, their scheduled embryo transfer appointment was abruptly canceled by the hospital. York expressed her frustration, “It’s obviously really nerve-racking…We’re in the middle of this process…and we don’t know what the next steps will be for us.”
The ruling stemmed from a lawsuit by couples whose embryos were accidentally destroyed when a patient wandered into a fertility clinic and dropped them. The court’s decision opens the door for civil and potentially criminal lawsuits for destroying embryos, even if done accidentally. Associate Justice Gregory Cook, in his dissenting opinion, expressed concerns about the consequences of the ruling and its potential impact on IVF in Alabama.
The repercussions of the ruling are already being felt across the state. At least three of the seven IVF providers in Alabama have indefinitely paused procedures, including the University of Alabama Birmingham health system, the largest provider in the state. Huntsville Reproductive Medicine, P.C., located near the Tennessee border, stated that while they are still proceeding with IVF treatments, they have paused discarding embryos. Patients like Kendall Diebold are now considering seeking care out of state, adding additional logistical and financial challenges to an already emotional process.
The ruling not only affects those seeking IVF but also individuals who currently have embryos in storage. Audrey B, who is currently 31 weeks pregnant via IVF, worries about the future of her remaining frozen embryos. She questions the decision’s impact on her ability to use the embryos or the cost of storing them indefinitely. Taylor Cater Durham, who went through IVF for two years without success, is angry that the court has taken away her right to decide what to do with her remaining embryo. She believes that the choice should be hers and not the state’s.
The Alabama Supreme Court’s ruling has created a wave of uncertainty and frustration for IVF patients. While the court has stated that it does not intend to use the ruling as a basis for prosecuting IVF families or providers, the impact on individuals’ lives and their dreams of starting a family cannot be overstated. The future of IVF in Alabama hangs in the balance as couples like Jasmine York and Kendall Diebold search for answers and hope in this uncertain landscape.
