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 new state law that provides legal immunity to in vitro fertilization providers.
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. The Alabama Supreme Court in February ruled the the couples could pursue lawsuits for the death of their “extrauterine children.
The couples asked the judge to declare the new immunity law unconstitutional. They said it violates the Alabama Constitution which says it is state policy to recognize the “rights of unborn children, including the right to life.” They also argued the new law violates their due process and equal protection rights.
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.Democrats in Congress, attempting to draw an election-year contrast with Republicans, have championed legislation to guarantee access to in vitro fertilization and other fertility treatments.
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