University of Alabama Pauses IVF Services After Court Embryo Ruling

Following a recent ruling from the state supreme court, the University of Alabama at Birmingham health system said it is pausing all in vitro fertilization (IVF) treatments for fear of criminal prosecution or punitive damages. On Friday, the Alabama Supreme Court ruled that frozen embryos are 'children,' entitled to full personhood rights, and anyone who destroys them could be liable in a wrongful death case. The Hill reports: 'We are saddened that this will impact our patients' attempt to have a baby through IVF, but we must evaluate the potential that our patients and our physicians could be prosecuted criminally or face punitive damages for following the standard of care for IVF treatments,' the health system said. It is standard practice in IVF to fertilize several eggs and then transfer one into a woman's uterus. Any remaining normally developing embryos can be, at the patient's request and consent, frozen for later use. But legal experts say it's unclear if the standard practice is illegal in Alabama and could make IVF virtually inaccessible in the state.

According to the American Society of Reproductive Medicine, the best-developing embryo will be transferred into a patient for an attempt at a pregnancy while the rest are frozen for later use, in case the first one does not develop into a live birth, or the patient later desires another child. According to the Centers for Disease Control and Prevention, approximately 238,126 patients underwent IVF treatment in 2021, resulting in the births of 97,128 babies, the last year for which statistics were available. There are 453 IVF clinics nationwide.

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