An Alabama court may have just ended IVF in the state—opening up the whole IVF process to politically-motivated legal scrutiny and penalty.
Here’s what happened that gave rise to this case. Three couples—Jason and Emily LePage, William and Caroline Fonde, and Felicia Burdick-Aysenne and Scott Aysenne—went to the Center for Reproductive Medicine in Alabama for IVF procedures between 2013 and 2016. Each couple had embryos created, and each went on to have two children from some of those embryos, leaving the rest frozen in storage for several years.
These three couples were clear that they didn’t want their case to be used to impede access to IVF in Alabama. Unfortunately, they don’t really have a say over that. But this Alabama decision now opens up the whole IVF process to politically-motivated legal scrutiny and penalty. Any embryo that doesn’t survive is the potential subject of a wrongful death suit. What happens if there’s, say, a hurricane, the power goes out, generators fail, and embryos cannot be kept cold? What happens if a couple believes that more of their embryos should have survived, and sues? Even if they don’t win, an expensive fact-finding mission and lawsuit may ensue.
There are many obvious ways in which deeming an embryo a person under the law is deeply silly, especially when that “person” is kept in cold storage .
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