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Alabama Legislature Passes Bill Granting IVF Clinics Immunity from Liability

The new legislation, aimed at protecting IVF access, removes legal protections for patients whose embryos are negligently destroyed.

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The Alabama Supreme Court in Montgomery, Alabama, US, on Wednesday, Feb. 28, 2024. Alabama's fertility industry is under threat in the wake of a ruling from the state Supreme Court that said frozen embryos are considered children, meaning people who destroy them could be held liable for wrongful death. Photographer: Andi Rice/Bloomberg via Getty Images
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Overview

  • Alabama's Legislature voted to provide IVF clinics with blanket immunity from civil and criminal liability related to embryo damage or death.
  • The move comes after a state Supreme Court ruling allowed a fertility clinic to be sued for negligently destroying embryos.
  • Critics argue the law, passed rapidly amid political pressure, could have unintended harmful consequences for IVF patients.
  • The legislation applies retroactively, allowing some existing cases to proceed but limiting future legal recourse for patients.
  • Experts and lawmakers express concerns over the broad immunity granted, fearing it could compromise patient safety and rights.