On February 16th, 2024, the Alabama Supreme Court ruled that recognizes embryos as human beings. How does this ruling come into place? The couple that filed the original lawsuit was seeking justice for their embryos being destroyed because of inappropriate safety measures that existed in the clinic. These terrible circumstances and due concern and outrage of the intended parents are absolutely understandable. Unfortunately, the case has been used to support an already existing agenda and the fear that most of the patients and providers expressed after Roe v. Wade was overturned – that the negative regulation regarding IVF and eggs is coming.

The ruling has far-reaching consequences for providers and patients not only in Alabama but in other states, as it may become a precedent for similar decisions being made.

For Providers:

Declaring embryos children leads to higher liability and potential criminal charges for “wrongful death” for providers offering the service in the state. Some of the clinics in the region have already started reacting to the decision by shutting down their IVF operations – like the largest Alabama Health System – the University of Alabama at Birmingham (UAB). More clinics may close their doors or stop offering IVF there because of potential legal liability. Those who stay may increase the pricing, as they may be subject to higher insurance charges and higher costs to store embryos that they can no longer be disposed of.