Alabama’s Republican lawmakers are considering legislation to protect in vitro fertilization and their vision of the right to life following the Alabama Supreme Court’s recent ruling that frozen embryos are people.
While legislation proceeds, some conservatives said over the weekend, Alabama fertility clinics that shut down last week should reopen.
“These clinics should start providing these services again. It is not fair to patients to have their embryos held hostage and procedures cancelled,” Rep. Susan DuBose, (R-Hoover), told AL.com Sunday. “My heart goes out to the families caught in IVF process.”
She pointed to Attorney General Steve Marshall’s statement on Friday that his office had “no intention” of prosecuting IVF clinics or families who use the procedure. The Alabama Supreme Court ruling held that frozen embryos had the same status as children in wrongful death lawsuits.
Dubose said she will support legislation that gives clear guidance to clinics on how to proceed with in vitro fertilization. Several Democratic lawmakers already have filed a bill that say that any fertilized human egg or human embryo outside of a human uterus “under any circumstances” would not be considered “an unborn child, a minor child, a natural person, or any other term that connotes a human being for any purpose under state law.” State Sen. Tim Melson, (R-Florence), also said last week that he plans to file a bill to address the issue.
After the surprise ruling on Feb. 16, three fertility clinics in the state paused services, placing embryos and hopeful parents in limbo.
The Eagle Forum, a prominent lobbying group in the state, pointed to fertility clinics as culprits for patients’ current impasse.
“Now that Attorney General Marshall has publicly stated that he has no plans to prosecute In Vitro Fertilization (IVF) clinics, there is no excuse for any Alabama IVF clinics to stop holding the hopes of parents and the welfare of their children hostage. Please reopen and let your competent and compassionate staff practice,” the organization said in a statement Saturday.
But one major health organization said Sunday that reopening isn’t so simple.
“We very much appreciate Attorney General Steve Marshall’s support of IVF. Because attorney general opinions are not binding on Alabama courts, we are required to follow the Alabama Supreme Court’s decision unless and until it reconsiders its opinion, or the Alabama Legislature addresses it through legislation,” a spokesperson for UAB said in an email.
Clinics and patients are planning public demonstrations this week.
Dr. Mamie McLean, a doctor with the clinic Alabama Fertility, asked Alabamians to gather at the legislature to voice support for IVF at a possible public hearing on Wednesday of this week.
“We’re aware of two proposed bills that would help us save IVF in Alabama, however there are two opposing groups and so we’re concerned about this” she said Sunday in an Instagram video. “Please come, please tell your parents, please tell your grandparents, and let’s show up in numbers to highlight the importance of saving IVF.”
After the ruling, which cited the belief that life begins at conception, Republicans have rushed to affirm options for people in the state who want to start families.
Republican House Speaker Nathanial Ledbetter acknowledged that the state highest court’s ruling presented a challenge that requires a legislative solution.
“Alabamians strongly believe in protecting the rights of the unborn, but the result of the State Supreme Court ruling denies many couples the opportunity to conceive, which is a direct contradiction,” said Ledbetter, according to Todd Stacey, publisher of Alabama Daily News, on X Friday.
Democratic lawmakers in the state filed a bill Thursday classifying fertilized eggs or human embryos outside of a uterus as “not considered an unborn child or human being for any purpose under state law.” The bill, HB 225, would protect in vitro fertilization.
The Alabama Senate GOP reiterated on X its intention to chart a pro-life stance on the fertility issue.
“We firmly believe in the fundamental right to life and the dignity of every woman to bring life into the world. We are committed to supporting strong families and providing women grappling with infertility the resources and support they need to build healthy and happy families,” the group stated.
Sen. Steve Livingston similarly weighed in on X on Friday.
“We believe in fostering a culture of life that values and protects the sanctity of every human being. Life is precious, and fertility clinics play an important role in the miracle of life,” he said.
