Alabama’s Eggstreme Ruling
Murder or a tragic accident? Once again, the United States population is more focused on defending the rights of the unborn over those of the living and breathing. From 2009 to 2019, more than 130 lawsuits have been brought against fertility clinics across the country for destroyed embryos, but none more prevalent than the recent case in Alabama (The New York Times). The case was brought to court after a patient had wandered into the storage room of a fertility clinic and ended up dropping three couples’ embryos in 2020. These couples filed civil lawsuits against the facility, but when the initial court trial threw out their cases, it was brought to the Alabama Supreme Court. It was ruled on Feb. 16 that these embryos’ destruction could be covered under the state’s wrongful death of a minor statute. Previously, this law included fetuses, but never explicitly discussed embryos resulting from In Vitro Fertilization (IVF). The ruling suggests that embryos are now considered alive and minors under the law. This inferred new definition of an embryo – scientifically, an unborn collection of fertilized cells- is irrational and opens the door for arguments based upon hypotheticals.
In the context of fertility clinics, their main influx of patients are couples with difficulty getting pregnant who want to utilize treatments such as IVF. However, this treatment is not a guaranteed way to conceive a baby, as it only has a 25% chance of success. The viable embryos retrieved by IVF are stored in a freezer to then be implanted into the uterine lining and begin developing. Therefore, the Alabama ruling implies that the mere possibility of becoming a baby is enough to be considered alive. So, what exactly is preventing the state from banning contraception and other methods used to prevent or terminate pregnancy? This can quickly become a slippery slope toward furthering anti-abortion and other conservative agendas. The justifications behind the ruling fall apart when confronted with similar situations and simple inductive reasoning.
That is not to say that the patients whose embryos were lost should not get their justified dues. It is a tragic incident that can throw someone’s life into turmoil. The destruction of someone’s embryos can be emotionally traumatic and have an immensely detrimental impact on their mental health, not to mention the amount of time and money wasted. Through insurance companies, the patients should be compensated fairly, but it is unreasonable to hold the clinics and physicians liable for the death of a minor. The only fair argument that could be made is that there should be better security surrounding the embryos, as it is an expensive process. Instead of focusing efforts on conviction for wrongful murder, they should instead be directed towards proactive safety measures for the embryos.
If this law were to expand its reach to other states, it is rational to assume that most fertility clinics would shut down or stop their IVF treatments in order to avoid any legal disputes and penalties they may incur and be held accountable for. In fact, the University of Alabama at Birmingham Hospital – Alabama’s largest hospital – was the first to halt all IVF treatments. Understandably, some patients are trying to arrange for their embryos to be transferred out of state for IVF treatments, but even the transport companies have to assess the risk and legal liability they would be undertaking.
With this new legal classification of embryos, potential patients and those who wanted to proceed with IVF treatment will find themselves being turned away due to the new levels of associated risk. It is absolutely baffling to see increased challenges for future pursuers of IVF on account of frozen embryos being viewed as babies. Embryos do not breathe. They do not have any conscious brain activities. They do not feel emotions. Embryos survive in freezers whereas babies would die if left in the same conditions. They simply cannot be likened to the warm, adorable babies that populate the cribs of the nation. The country needs to take a serious look at its priorities before people start being charged for murder when they take a Plan B pill.
