MONTGOMERY, Ala. — Couples whose lawsuits against fertility providers led an Alabama court to rule that frozen embryos could be considered children have asked a judge to toss out a
The couples asked the judge to declare that the law — which was hastily approved by state lawmakers to protect IVF services in the state — as unconstitutional. It is the latest development in the legal saga that drew international attention and sparked concerns over the availability of IVF. Three couples had filed wrongful death lawsuits against a fertility clinic and hospital over the accidental destruction of their frozen embryos when someone opened the storage container. Thein February ruled the the couples could pursue lawsuits for the death of their “extrauterine children.” That led three large fertility clinics to cease services because of liability concerns raised by the ruling treating the embryos the same as a child or gestating fetus under the wrongful death statute.
“Bottom line: IVF healthcare professionals should bear liability for medical negligence under the Alabama Medical Liability Act just like all other healthcare professionals,” lawyers for two of the couples wrote in a motion filed Monday. The defendants in the case have cited the new law in arguing the lawsuits should be dismissed. A judge has yet to rule on the requests. Any decision in the case is likely to be appealed back to the state Supreme Court.legislation to guarantee accessThe Republican-controlled Alabama Legislature sidestepped proposals that would address the legal status of embryos created in IVF labs. Some state Democrats argued that action would be needed to permanently settle the issue.