Alabama lawmakers pass bills protecting IVF clinics from liability

Members of the state’s House of Representatives and Senate have scrambled to draft and pass legislation to protect in vitro fertilization within the state. Alabama’s Supreme Court ruled last month that fertilized frozen embryos are legally protected as unborn children. The ruling allowed some parents to sue a clinic for damages under the Wrongful Death of a Minor Act after embryos were destroyed during a break-in. IVF clinics across the state have paused programs out of concern for increased liabilities after the ruling.

The House and Senate passed bills offering civil and criminal immunity to IVF providers on Thursday. Each measure has been moved to the opposite chamber for consideration. Another Senate bill shielding clinics passed out of committee on Wednesday and includes a clause ensuring that only IVF providers “following commonly accepted practices” will receive immunity.

What about the legal status of the embryo?  Rep. Anthony Daniels filed an additional bill attempting to lower liabilities for IVF clinics. The measure would establish that a fertilized embryo outside of the uterus “is not considered an unborn child or human being for any purpose under state law.”

Are federal legislators doing anything? Illinois Sen. Tammy Duckworth submitted a bill to protect against states limiting IVF. The Access to Family Building Act would establish an individual’s right to access “assisted reproductive technology,” as well as all rights “regarding the use or disposition of reproductive genetic materials.” The measure also institutes the right of a healthcare provider to perform reproductive technology treatments.

Duckworth attempted to pass the measure by unanimous consent on Wednesday, which was blocked by Sen. Cindy Hyde-Smith. The Mississippi senator cited concerns that cloning or genetic experimentation could be considered “assisted reproductive technologies” and therefore receive legal protection under the statute.

Dig deeper: Read Leah Savas’ report in Vitals on whether the Alabama ruling will end IVF in the state.