Pictured above is a nurse working on a petri dish. Photo courtesy of Wikimedia Commons.
The idea of pregnancy isn’t always simple, as there can be complications with infertility. If these problems arise, the use of in vitro fertilization (IVF) may be used. That may raise one question, though: What is IVF? The Mayo Clinic states that IVF is a complex series of procedures that can lead to a pregnancy. In layman’s terms, eggs are taken from a woman’s uterus, fertilized by sperm in a lab, and then put back in a woman for pregnancy to hopefully occur.
The use of IVF is deemed legal in all 50 states. The state of Alabama has caught the attention of the media for its rulings on IVF.
In December 2020, a patient of a hospital walked into a fertility clinic. According to Sabrina Talukder of americanprogress.org, the patient “opened one of the tanks that housed stored embryos and destroyed the embryos of three different couples by accidentally dropping them on the ground.”
The dropped and destroyed embryos sparked outrage, with the families wanting to sue for the damages. In an Alabama Supreme Court’s recent ruling on the matter of embryos, the Court ruled “that stored embryos are afforded the same legal protection as children under the state’s Wrongful Death of a Minor Act of 1872.”
By making a ruling under this act, a controversy ensued. The Supreme Court found that these embryos were children. Under the act, according to healthlawadvisor.com, the parents of a dead “minor child” can sue if there are cases of negligence and/or omission. This means that if these embryos are destroyed or affected in any way, people are allowed to sue.
Thus, fertility clinics that perform IVF treatments all over Alabama started to close. Especially when the state’s supreme court ruled that embryos were unborn children, the clinics did not want to risk getting into trouble if something went wrong.
“After the court ruling on Feb. 16, 2024, IVF providers were concerned that they could face legal repercussions for getting rid of embryos — a common part of IVF, because some embryos have genetic abnormalities or are no longer needed”, wrote NBC News. One site stayed open, but consent forms needed to be signed by patients.
People who relied on these types of clinics were scrambling, looking for other providers. “Greer Donley, an associate professor at the University of Pittsburgh School of Law, said that she expects clinics to offer IVF in Alabama, but believes that they may choose not to store embryos in the state in the future,” said the Associated Press, “Moving them elsewhere could, however, increase the logistical hurdles, cost and risk involved with the process.”
A new bill then came about. The bill made its way through the Alabama House and Senate, going to Governor Kay Ivey. According to NPR, the bill stated, “legislation is designed to allow patients and clinics to immediately restart IVF treatments in Alabama, without fear of legal repercussions if embryos are damaged or destroyed during the medical procedure or related services like embryo storage and shipment.”
The legislature and governor stated that these facilities will not be criminally or civilly charged if embryos are destroyed. It was a big bill to be signed, and it led to the reopening of these IVF clinics in the state.
So what do SAU students think about the rulings and IVF in full?
Grace Bickle, a junior majoring in social work, says, “I think IVF is a great option for parents struggling with infertility.” Bickle added that she finds nothing wrong with hopeful parents seeking alternatives if they can not get naturally pregnant.
However, Bickle voiced her opinion on the rulings by expressing, “It’s a slippery slope to go on. Do I think doctors should be charged for murder if something goes wrong? No. However, it feels like another challenge towards a woman’s reproductive rights.” She also believes that embryos should not be considered children yet, as one cannot compare an embryo to a fully-developed person.
Like Bickle, junior Christy McCarney, stated her beliefs that these embryos should not be considered children. However, again like Bickle, she says that the use of IVF is an acceptable way of going about pregnancy.
An anonymous male student at St. Ambrose believes, “IVF might be one of the best, if not the best, way to go about pregnancy if one cannot go about natural pregnancy.” However, this student wonders if Alabama’s rulings will discredit the work of these doctors, and put a negative connotation on the topic.
As more comes out about Alabama’s rulings, there is a notion that topics surrounding IVF might be taken to the national level. For now, it is completely legal, and allows those who want to be parents the option of having a child.
