Alabama Supreme Court ruling halts IVF procedures, leaving patients in limbo

Nurse and cancer survivor Sarah Houston of Birmingham, Alabama, has found her dreams of growing her family through in vitro fertilization on indefinite hold due to a recent Alabama Supreme Court decision. The ruling, which assigns frozen embryos the same rights as children, has led to a sudden stop in IVF procedures at three of the state's leading clinics.

Challenges and Hopes

Houston's journey to motherhood took a turn following the 35-year-old's cervical cancer diagnosis, which required a hysterectomy, removal of her uterus and cervix and other tissues, seemingly crushing her hopes of having a third child. Despite these challenges, the discovery that her ovaries were unaffected led Houston and her husband to explore the IVF process. The couple found a surrogate to carry their child, with the embryo transfer scheduled for March 21. However, their plans were abruptly derailed by a call from her doctor, who informed her that the procedure was paused due to the recent legal ruling.

Legal Uncertainties

The decision has raised widespread concerns over potential liabilities for clinics and doctors performing IVF procedures. According to Mary Ziegler, a law professor and reproductive historian at UC Davis, the ruling by the Alabama Supreme Court introduces a real fear of criminal charges in the future, treating embryos as persons under wrongful death law.

Government Response

Gov. Kay Ivey, a Republican, has expressed support for efforts to allow IVF to continue in Alabama. Additionally, U.S. Health and Human Services Secretary Xavier Becerra met with patients in Birmingham, calling the shutdown a ripple effect of the repeal of a federal right to an abortion.

Legislative Actions

A bill was recently introduced in Alabama's state Senate aiming to provide immunity to doctors involved in IVF procedures. Meanwhile, the immediate future remains uncertain for IVF patients.