Alabama Legislature Passes Finalized IVF Protection Bill Following State Supreme Court Decision

The Alabama Legislature passed a finalized version of the Republican-proposed bill that seeks to protect in vitro fertilization (IVF) on Wednesday.

The development comes a few weeks after backlash resulting from the state Supreme Court ruling that embryos are considered children. The protection bill would not go to Alabama Gov. Kay Ivey who has suggested that she would sign it.

IVF Protection Bill

The Alabama Legislature passed the finalized IVF protection bill following the state Supreme Court's ruling to legally consider embryos children.(not actual photo)
(Photo : Anna Moneymaker/Getty Images)

In a statement on Wednesday afternoon, Ivey spokesperson Gina Miola said that they anticipate the IVF protection bill to receive its final passage very soon. She added that they were looking forward to the governor signing the measure into law.

The new legislation does not define or clarify whether under state law frozen embryos created via IVF have the same rights as children. Instead, the narrowly tailored bill would protect doctors, clinics, and other healthcare personnel who provide IVF treatment and services. This would be done by providing these workers with civil and criminal "immunity," as per NBC News.

The two identical bills in the state Senate and House would give civil and criminal immunity for death or damage to an embryo. This will be given to any individual or entity when providing or receiving services that are related to IVF.

Lawmakers argued that "no action, suit, or criminal prosecution for the damage to or death of an embryo shall be brought or maintained against any individual or entity" whenever they provide or receive services that are related to the IVF process.

On Tuesday, both chambers held debates on the issue and lawmakers removed the term "goods" from the phrase "goods or services" from the bills. This means that companies that provide items that are integral to the IVF process are still vulnerable to civil suits.

Despite the purported success of the bill's passage, experts argue that it would take a lot more work to protect fertility services in the state. The fertility clinic that was at the heart of the case has already stopped operations. It noted that the new legislation falls short of providing the legal protection that it needs to resume care services, according to CNN.

Alabama Supreme Court's Ruling

The Alabama Supreme Court's decision on embryos made it so that those who destroy them can be held liable for wrongful death. The ruling sparked a national reckoning with reproductive health freedom and access to IVF.

Three of the state's limited pool of IVF providers immediately decided to suspend operations and sent some families out of state to access treatment. They also raised concerns that costs for fertility services would significantly increase.

Patients from Alabama also shared their stories about having upcoming embryo transfers abruptly canceled and their paths to parenthood being placed into doubt. The sponsor of the latest bill, Republican state Sen. Tim Melson, said that his goal is to get the clinics operating once more and women going through their necessary treatments.

Lawmakers have pushed for the immunity proposal as a means to address the clinics' immediate concerns. However, they did not take up any legislation that would address the underlying issue of embryos being legally considered children, said CBS News.