The Threat to IVF Access: Alabama Supreme Court Ruling Raises Concerns
In 1981, the Carr family made history when their daughter, Elizabeth, became the first baby born through in vitro fertilization (IVF) in the United States. At the time, IVF was not allowed in Massachusetts, so Elizabeth was born in Virginia, where the only fertility program attempting IVF was located. Now, more than 40 years later, access to IVF is facing a threat due to a recent ruling by the Alabama Supreme Court.
The ruling states that frozen embryos created through IVF are considered “children” under state law, which has caused fertility clinics in Alabama to pause certain stages of their IVF programs. This decision has raised concerns among those who rely on IVF to build their families and has sparked a nationwide debate on reproductive rights.
Elizabeth Carr, now 42 years old, will be attending President Biden’s State of the Union address as a guest of Democratic Sen. Tim Kaine. Carr’s story has given hope to many families struggling with infertility, and Kaine believes that protections for IVF access are necessary. Carr, a passionate advocate for IVF, shared her thoughts on the Alabama ruling and its implications for the upcoming elections.
The Alabama Supreme Court decision is based on the state’s 2018 Sanctity of Unborn Life Amendment, which was intended to ban abortion. However, this ruling has unintended consequences for IVF treatments. Fertility clinics fear legal responsibility if a frozen embryo is accidentally damaged during the IVF process. Carr describes this as a battle that she has been fighting her whole life, as the debate over when life begins continues to persist.
Carr feels personally attacked by the Alabama ruling and expresses sadness, anger, and frustration over its implications. She believes that regardless of one’s beliefs on when life begins, it is not right to impose those opinions on others and hinder their ability to have children. Many fear that this ruling in Alabama could set a precedent for other states to make IVF impossible, further limiting access to this fertility treatment.
The issue of IVF access has also become a point of contention in the 2024 campaign trail. Both President Biden and former President Donald Trump agree that IVF access should not be impeded. Biden has vowed to protect IVF access and sent top health officials to Alabama to meet with affected patients and doctors. Trump, on the other hand, called on Alabama lawmakers to find a solution to preserve IVF availability in the state.
Late Wednesday, Alabama passed a law that allows fertility clinics to resume IVF treatments without the fear of legal liability for any damage or death of an embryo. However, this law does not address the question of whether a frozen embryo should be considered a child under state law. Carr acknowledges that while this is a step in the right direction, more work needs to be done to address the underlying issue of embryo status in the IVF process.
Carr emphasizes that IVF treatments extend beyond just those who are infertile. Same-sex couples, cancer patients seeking fertility preservation before chemotherapy, and individuals who want to screen for genetic diseases before having children all rely on IVF. Infertility affects 1 in 6 people, making it a prevalent issue that can impact anyone’s circle. Carr believes that protecting access to IVF is crucial to ensure that entire segments of the population do not feel abandoned.
In conclusion, the recent ruling by the Alabama Supreme Court has raised concerns about access to IVF treatments. The decision to consider frozen embryos as “children” under state law has led to fertility clinics pausing certain stages of their IVF programs. Advocates like Elizabeth Carr are fighting to protect IVF access, highlighting its importance for various communities beyond just those struggling with infertility. The 2024 campaign trail has also brought attention to this issue, with both President Biden and former President Trump voicing their support for IVF access. While Alabama has taken steps to address the legal liability issue, there is still a need for further discussion and resolution on the status of embryos in the IVF process. The fight to protect IVF access continues, as it is crucial to ensure that individuals and families have the opportunity to pursue their dreams of having children.
