CNN
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The collapse continues in the wake of last week's Alabama Supreme Court ruling. Frozen embryos are children – An unprecedented decision that critics say could have a chilling effect on access to IVF treatment in the state.
Here are the latest developments:
In response to the court ruling, a bipartisan effort is underway in the Alabama House and Senate to draft a “clarification” bill that would “protect” IVF treatment, state legislative officials told CNN.
Alabama House Democrats introduced a bill Thursday that would say that a fertilized human egg stored outside the womb would not be considered a human under state law.
Republican state senators plan to introduce similar legislation soon, one person said, but the exact timing is unclear.
Lawmakers' efforts come as medical experts and critics say the court's decision, which could put people who discard unwanted embryos at risk of being held liable for wrongful death, has serious implications for the state's fertility business. It comes amid concerns that it could have a devastating impact on people. They hope to start a family through IVF.
Already, at least three fertility clinics in Alabama have discontinued certain in vitro fertilization treatment programs over concerns that medical workers could be exposed to legal risks.
The mobile clinic Reproductive Health Center said in a statement Thursday that the ruling “sadly forces us to suspend in vitro fertilization treatment for our patients” and that it will continue to do so Saturday “to prepare embryos for transfer.” The patient stated that he would discontinue treatment.
Earlier Thursday, Alabama Fertility's Birmingham Clinic announced it had “paused embryo transfers for at least a day or two.”
And the University of Alabama at Birmingham health system announced Wednesday that it is discontinuing IVF treatment due to legal concerns for patients and doctors.
Amid legal uncertainty, the Alabama Attorney General's Office has not issued guidance on the issue.
“That's not our case,” spokeswoman Amanda Priest told CNN Thursday. She said, “Our company is not involved in any way.''
The priest did not say whether his office had received questions from the clinic. He also did not immediately respond to questions about whether the state would pursue criminal charges against those who destroyed the embryos.
The American Cancer Society and its advocacy group, the American Cancer Society Cancer Action Network, said in a statement Friday that they are deeply concerned about the impact of the Alabama Supreme Court's decision on cancer patients, survivors and their families. .
“Some cancer treatments can cause infertility, and cancer patients and survivors often turn to IVF to start families after treatment,” the CEOs of both organizations said. Karen E. Knudsen said in a statement.
Knudsen said the ruling is especially important for young people newly diagnosed with cancer because it threatens their “ability to be fertile before starting cancer treatment or to have children after treatment.” It added that it affects young adults.
With days left until Gabriel Goidel's egg collection, the Alabama clinic said it would continue to perform surgeries but could not guarantee that it would be able to create, store and ship embryos.
“That was literally my biggest fear,” Goidel told CNN as she and her husband were planning a last-minute trip to Texas, where they wanted the surgery.
Goidel said the couple plans to travel between their home in Alabama and their family in Texas to receive the reproductive care they need, noting that travel costs will be high.
Kelly Belmont, also in Alabama undergoing IVF treatment, said the court's decision has “completely consumed my life.”
“We have already invested so much time and money into this process, as well as physical and mental pain, but what if it all could have been in vain and the journey to have a child is over?” It's really scary to think that could happen,''' Belmont told CNN.
She said Belmont's fertility clinic is continuing all treatments for now, but she and her husband are concerned that may change.
“I'm just trying to calm myself down emotionally,” Belmont said. “It's very stressful.”
Even family members who don't live in Alabama are anxiously waiting to see what happens next.
Julie Eshelman and her husband conceived their first child through IVF and are hoping that they will have the option of doing it again. But military families may be stationed in Alabama, and Eshelman and her husband said they are considering not moving their unborn child there if they relocate.
“Given the current climate, I don't even know if we would actually consider moving them to a state like Alabama, because we know they're safer where they are,” Eshelman said. said.
Medical experts and commentators expressed concern that the ruling could have far-reaching implications for people using or seeking infertility treatment in Alabama, and could soon lead to other infertility treatments in the country. It warns that it could have a serious impact on the region.
They argue that it could drive up liability costs and make infertility treatment prohibitive for many families. Health care providers may be deterred from performing infertility treatments for fear of being held responsible each time an embryo fails to result in a pregnancy. And that may mean parents have to pay for the lifetime storage of embryos that can never be disposed of, even if they no longer want children.
Critics of the ruling also worry that it creates a roadmap for groups and lawmakers across the country who want to target infertility treatments.
“Right now, the (state) Supreme Court is very emphasizing that frozen embryos are human beings, and you'll see other states trying to codify that,” said the president of patient advocacy group RESOLVE. said Barbara Collula, CEO and Chief Executive Officer. National Infertility Association.
The U.S. Supreme Court is unlikely to revisit the Alabama decision at this time, as it does not include an interpretation of the U.S. Constitution or federal law.
The majority's decision in this case was based solely on the judge's interpretation of state law and amendments to the Alabama Constitution.
“The U.S. Supreme Court can only review state supreme court decisions if they involve issues of federal law,” said Steve Vladeck, a CNN Supreme Court analyst and professor at the University of Texas School of Law. Stated. “The issue here is how Alabama interprets its own state constitution.”
In a first-of-its-kind ruling, the court ruled that a fetus is a child whether in the womb or out of the womb, and that Alabama's juvenile tort law allows parents to sue for punitive damages. It said it would be protected under the Death Act. when your child dies.
In a majority opinion, the court agreed with a 2018 amendment to the Alabama Constitution that provides protection for “fetal rights,” including the right to life.
The Alabama Medical Association, which weighed in prior to the court's decision, warned that the decision would create a “substantial potential for civil liability” for fertility professionals. This is because the fetus can be damaged during pregnancy or become unfit for pregnancy. IVF process including during thawing.
The decision could also mean people won't be able to discard embryos if they don't want to use them, and will be required to preserve them permanently even if one or both parents die. said the association.
CNN's Devan Cole, Isabel Rosales, Christina Maxouris, Meg Tirrell, Chris Youd, Maxime Tamsett, Abby Phillip and Paradise Afshar contributed to this report.
