Alabama law protecting IVF met with both relief and concern: ‘There is more work to be done’

Alabama’s swift passage of a law on Wednesday night that protects in vitro fertilization providers from liability was greeted by relief – and some concern – as treatments were expected to resume on Thursday following the state supreme court’s shock decision last month that equated frozen embryos to children, halting many IVF services.

After the new law was passed reproductive rights advocates called for more to be done to protect reproductive health.

Under the new law signed on Wednesday night by Alabama’s Republican governor, Kay Ivey, IVF providers are now protected from civil litigation and criminal prosecution in the event of “damage or death of an embryo” during treatment.

Alabama’s Republican lawmakers proposed the bill so that IVF providers could resume services. However, they have refused to consider proposed legislation that would weigh the legal status of embryos.

Barbara Collura, president of Resolve: The National Infertility Association, said that the organization was relieved that Alabama clinics could resume their IVF programs but said the law didn’t go far enough.

“While we are grateful for the actions of Alabama legislators, this legislation does not address the underlying issue of the status of embryos as part of the IVF process – threatening the long-term standard of care for IVF patients,” Collura said in a statement. “There is more work to be done.”

The American Society for Reproductive Medicine voiced similar sentiments, with a spokesperson noting that the law did not rectify the key problem – that the court’s decision is “conflating fertilised eggs with children”.

Karla Torres, a senior attorney at Center for Reproductive Rights, had voiced concern about the bill, reportedly saying it “falls far short of what Alabamans want and need to access fertility care in their state without fear”.

“Even on its face, this bill seeks to grant personhood to embryos, reinforcing the state supreme court’s extreme ruling recognizing embryos as children,” NBC News quoted Torres as saying.

Alabama’s law came in response to a state supreme court decision that three couples whose frozen embryos were destroyed at a storage facility accident could mount wrongful death lawsuits. The state’s three leading IVF providers put these treatments on hold following this ruling; patients said that their scheduled embryo transfers were canceled, jeopardizing their chance at parenthood.

Some providers say they are resuming services, but concerns remain.

Dr Warner Huh, who chairs the University of Alabama at Birmingham’s department of obstetrics and gynecology, said: “UAB appreciates the Alabama legislature and Governor Ivey for swiftly passing and signing legislation that provides some protections and will therefore allow UAB to restart in vitro fertilization treatments, also known as IVF,” according to CNN.

“While UAB is moving to promptly resume IVF treatments, we’ll continue to assess developments and advocate for protections for IVF patients and our providers.”

Another IVF provider, Alabama Fertility Specialists, welcomed the development.

“A solution – after 19 days of uncertainty and 14 days of missed opportunities for our patients. We are grateful to Senator [Tim] Melson and Representative [Terri] Collins for understanding the importance of immediate access to IVF and for finding a solution in a complex issue,” the clinic said on Facebook.

The post continued: “To our patients – you are our heroes. We wouldn’t be where we are without you standing up, telling your stories and letting the world know how important IVF treatments are for families in our state. What’s next? Transfers and IVF starts this week and more pregnancies and more babies in Alabama. Let’s get to work!”

The Center for Reproductive Medicine at Mobile infirmary, which is the defendant in the supreme court decision, will not resume IVF treatments right away. “As we understand the language of the proposed law, as it stands, we are not reopening our IVF facility until we have legal clarification on the extent of immunity provided by the new Alabama law,” CNN quoted the clinic as saying.

“At this time, we believe the law falls short of addressing the fertilized eggs currently stored across the state and leaves challenges for physicians and fertility clinics trying to help deserving families have children of their own.”

Though IVF services are poised to resume, the court decision could have striking political implications during an election cycle where reproductive rights are already a key issue. Amid the fallout, Trump reportedly called for the state legislature to act and said: “I strongly support the availability of IVF for couples who are trying to have a precious baby.”

After the court ruling, US senator Elizabeth Warren, a Democrat of Massachusetts, said: “Abortion and IVF are going to be on the ballot in November.” White House Press Secretary Karine Jean-Pierre remarked “IVF is under attack,” per Reuters.

While Alabama conservatives did advance the proposal to protect IVF, and ultimately green-light the legislation, it was a Republican-controlled court that had imperiled the widely supported treatment in the first place.

One patient affected by the IVF ruling, Birmingham, Alabama, resident Latorya Beasley, will be among First Lady Jill Biden’s guests at Joe Biden’s State of the Union speech on Thursday evening.

Beasley and her husband had their first child, via IVF, in 2022. They were trying to have another child through IVF but Beasley’s embryo transfer was suddenly canceled because of the Alabama court decision.