MONTGOMERY, Ala. (news agencies) — The Alabama Supreme Court ruled last week that couples who were trying in vitro fertilization and lost frozen embryos in an accident at a south Alabama storage facility can sue under the state’s wrongful death law.
Since then, three providers have paused the often-used fertility treatments while they sort out the legal implications.
The ruling is the first of its kind and extends a theory championed by some anti-abortion groups — that embryos and fetuses should be considered children and be afforded legal protections — into a new realm.
While the decision was narrow, some legal scholars think there’s potential for wider impact.
Here’s a look at some questions and answers about what the ruling could mean.
The Alabama Supreme Court said three Alabama couples who lost frozen embryos during an accident at a storage facility could sue the fertility clinic and hospital for wrongful death of a minor child.
Justices reversed a lower court ruling that dismissed the wrongful death claim on the grounds that the embryos were not a person or child.
The court had previously ruled that couples could sue when a pregnant woman lost a fetus. On Friday, the court said that “extrauterine children” were also covered under the wrongful death law. “Unborn children are ‘children’ under the Act, without exception based on developmental stage, physical location, or any other ancillary characteristics,” Justice Jay Mitchell wrote in his opinion.