Alabama Supreme Court Ruling Throws IVF Patients’ Future into Uncertainty
For Tucker and Megan Legerski, the dream of starting a family has become a rollercoaster of hope and despair. After two years and tens of thousands of dollars invested in in-vitro fertilization (IVF), they were finally able to transfer one embryo and achieve a pregnancy. However, their joy was short-lived as the pregnancy ended in a miscarriage at eight weeks. They had planned to try another embryo transfer, but now, a recent Alabama Supreme Court ruling has thrown their future into uncertainty.
The ruling, which states that embryos are considered “extrauterine children,” has prompted three Alabama IVF providers, including the one the Legerskis were working with, to pause their operations. This has left the couple with three remaining frozen embryos, unable to proceed with their plans. Tucker Legerski expressed his concerns, saying, “The three embryos that we have…are very important to us and our best hope…because of the emotional and financial costs, I don’t know if we would be able to afford another egg retrieval and transfer or creating more embryos.”
The Legerskis are not alone in their fears and uncertainties. IVF patients and advocates in Alabama are grappling with the implications of the court ruling on their plans to start a family. Beyond Alabama’s borders, people are also worried that similar restrictions may be implemented in their states, following Alabama’s lead.
Infertility coach Kristin Dillensnyder, who underwent IVF in Alabama and now resides in South Carolina, expressed her concerns about the ruling spreading to other states. “If you’re in a red state, it really just feels like it’s just a matter of time,” she said. The ruling has sparked fear among IVF patients across the country, with many questioning where they can undergo the procedure safely.
Tara Harding, a fertility coach based in North Dakota, has also heard from clients nationwide who are unsure about the future of IVF and worried about their embryos becoming trapped in states with restrictive laws. Resolve: The National Infertility Association announced that embryo shipping services will no longer transport embryos in and out of Alabama, further exacerbating the challenges faced by IVF patients.
The Alabama ruling is seen as a victory for the anti-abortion movement, as it enshrines the concept of “fetal personhood” into state law. Fetal personhood advocates believe that embryos and fetuses should have full legal rights and protections, as they consider life to begin at conception. However, this perspective can create conflicts even with the individuals carrying the embryos.
Alabama has been at the forefront of pushing for fetal personhood measures, with a record number of cases between 1973 and 2022 involving criminal charges related to “endangering unborn life.” In 2018, the state became the first to include a fetal personhood clause in its constitution, recognizing the rights of the unborn child. While many in the anti-abortion movement oppose IVF due to the creation of unused embryos, IVF patients never anticipated that their journey to parenthood would come under scrutiny.
Gabrielle Goidel, an Alabama resident who recently started preparing for egg retrieval, shared her disbelief at the situation. “I never ever imagined that IVF would be questioned,” she said. Goidel and her husband experienced the consequences of abortion restrictions while living in Texas, where they faced difficulties obtaining a common procedure following a miscarriage. Their provider in Alabama has now stopped performing IVF, leading them to travel back to Texas to continue the process.
The Alabama ruling has shattered the belief that those against Roe v. Wade were solely motivated by a pro-family stance. Spencer Goidel expressed his realization, saying, “Oh, so you’re not pro-family at all, actually. This is religious fundamentalism.” The court’s decision heavily relied on biblical references, using them to justify their reasoning. This ruling has already been used by a conservative Christian legal organization to argue for similar measures in Florida.
However, not all religious Christians agree with Alabama’s ruling. Rodney Miller, chairman of the board for Carrywell, a faith-based Alabama group assisting individuals with infertility, including financial grants for IVF, believes in the beauty of science and medicine in creating families. He and his wife, who struggled with infertility for a decade, adopted frozen embryos that led to the birth of their twin toddlers. In light of the ruling, they traveled to Tennessee to transfer more embryos in hopes of expanding their family.
Efforts are underway by both Democratic and Republican state legislators in Alabama to draft legislation protecting IVF. Governor Kay Ivey has also expressed support for finding a solution that safeguards the procedure. However, the timeline and outcome remain uncertain. Mallory Wear, executive director of Carrywell, emphasized the devastating impact of the ruling on women dealing with infertility and multiple miscarriages. She acknowledged the importance of raising awareness about infertility and IVF but stressed that “every day counts” for those currently in the midst of the process.
The Alabama Supreme Court ruling has sent shockwaves through the IVF community, leaving patients and advocates grappling with an uncertain future. The implications of this decision extend beyond Alabama’s borders, with concerns about similar restrictions being implemented in other states. As individuals fight for their right to build families through IVF, the clash between reproductive rights and the belief in fetal personhood continues to unfold, leaving many in limbo as they navigate the complexities of infertility treatments.
