Embryo loss is integral to IVF. Alabama’s ruling equating embryos with children jeopardizes its practice

Embryo loss is integral to IVF. Alabama’s ruling equating embryos with children jeopardizes its practice

Feb 23, 2024 - 18:00
Embryo loss is integral to IVF. Alabama’s ruling equating embryos with children jeopardizes its practice

An embryo is one of the earliest stages of development of a multicellular organism. But according to the Supreme Court of Alabama, it is a person, too — an unborn child, entitled to the same legal protections as any minor.

The court ruled on Feb. 16 that a fertility clinic patient who accidentally destroyed other patients’ frozen embryos could be liable in a wrongful death lawsuit, writing in its opinion that “the Wrongful Death of a Minor Act applies to all unborn children, regardless of their location,” and that this includes “unborn children who are located outside of a biological uterus at the time they are killed.”

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