The University of Alabama at Birmingham health system is halting its provision of in vitro fertilization, or IVF, treatments following a ruling from the state Supreme Court that found frozen embryos are legally children.
UAB officials said in a press statement Wednesday that the system’s Division of Reproductive Endocrinology and Infertility “must evaluate the potential that our patients and our physicians could be prosecuted criminally or face punitive damages for following the standard of care for IVF treatments.”
The unprecedented decision was issued in a pair of wrongful death cases initiated by three couples whose frozen embryos were destroyed in a fertility clinic accident. The majority opinion cited anti-abortion language in the state’s constitution and the state’s Wrongful Death of a Minor Act, saying that frozen embryos were protected as “extrauterine children.”
“Unborn children are ‘children’ … without exception based on developmental stage, physical location, or any other ancillary characteristics,” Justice Jay Mitchell wrote in Friday’s majority opinion.
“We are saddened that this will impact our patients’ attempt to have a baby through IVF,” UAB said in its press statement.
The health system clarified, however, that the only reproductive aid treatment procedure on pause is the fertilization of an already extracted egg from the mother.
“We want to reiterate that it is IVF treatment that is paused,” according to the school’s press statement. “Everything through egg retrieval remains in place. Egg fertilization and embryo development is paused.”
RESOLVE: The National Infertility Association called the court’s ruling cruel and devastating, adding that the organization is “heartbroken” over UAB’s “impossible decision.”
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“For those living with infertility and trying to build a family, a ‘normal’ IVF cycle is hard enough,” CEO Barbara Collura said. “Now, less than a week after the Alabama Supreme Court’s devastating ruling, Alabamans in the midst of seeking treatment have had their lives, their hopes and dreams crushed.”
The health system includes the University of Alabama at Birmingham Hospital, which is the largest hospital in the state. According to its website, it is also “among the 20 largest and best equipped in the nation.”
