Embryos recognized as human in Alabama after man crashes into hospital cryochamber – News

Human embryonic development, illustrative image.

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The Alabama Supreme Court has ruled that frozen embryos conceived through in vitro fertilization are considered children.

Criminal liability will be provided for their destruction, The Washington Post and Healthline report.

The decision comes after three couples sued for “killing” their embryos at an Alabama hospital.

The first instance court dismissed the couple’s lawsuit, but the Supreme Court overturned that decision. This is the first such innovation after the scandalous reversal of Roe v. Wade, when the constitutional right to abortion effectively disappeared in the United States.

“The creation of man in the image and likeness of God is the basis of the general ban on intentional deprivation of life.

Therefore, to kill a person is to distort the image of God, and in this way harm is done not only to a person, but also to God… Finally, the teaching about the sanctity of life is in the sixth commandment: “Thou shalt not kill”. – wrote Associate Chief Justice Jay Mitchell, quoting a passage from the Bible.

Now couples will be able to seek punishment for the loss of their embryos. However, according to human rights defenders, such innovations may endanger IVF for hundreds of thousands of patients.

It all started when the embryos of three families were accidentally destroyed at the Center for Reproductive Medicine in Alabama.

One of the patients at the hospital went to the cryopreservation room where they were stored, took them out of the refrigerator and dropped them on the floor because they froze his hand.

The LePages, the Fonds, and the Eissens sued the clinic for alleged violations of the Alabama Wrongful Death of a Minor Act and sought damages.

The Supreme Court, contrary to the decision of the first instance, ruled that the law on minors also applies to embryos.

“The central issue raised in these cryogenic death appeals is whether the statute contains an unwritten exception to the rule for unborn children who are outside the woman’s womb at the time they are killed.

Under existing law, the answer to that question is no. The wrongful death of a minor law applies to all unborn children, regardless of whether they are in the womb.” – wrote the judge.

Until now, legislation on reproductive medicine in the US has not been so strict.

In general, Americans who undergo IVF may end up with several viable embryos, depending on how many eggs are successfully fertilized by sperm. Viable embryos are frozen until implantation.

A successful transfer of one of the embryos is enough for the patient to become pregnant, but she can freeze the rest for future pregnancies.

Patients have the right to decide the “fate” of their embryos – to keep them, discard them or donate them for research. However, this choice in Alabama is now under threat.

The state’s medical association has warned that changes to the wrongful-death law could have dire consequences for fertility treatments.

“The potential detrimental impact on IVF treatment in Alabama cannot be overstated,” – the statement of the organization says.

The Guttmacher Institute (a research organization engaged in the expansion of reproductive rights) also called the court’s decision radical.

“We have already seen that overturning Roe was not the ultimate goal of the anti-abortion movement and their allies in the legislature and courts.

Now the devastating consequences are becoming more and more obvious and affect every aspect of our reproductive lives – can a person get pregnant with IVF and how; can prevent pregnancy with hormonal contraception, continue the pregnancy in the face of obstetric complications, or choose to have an abortion.” says Vice President for Public Affairs Kelly Baden.

It will be recalled that on June 24, 2022, the US Supreme Court overturned the decision that gave women the constitutional right to an abortion. Since then, 11 conservative states have ruled that the right to life begins at conception.

Many states have banned abortions and, in particular, drugs for the artificial termination of pregnancy. Also this year, the US Supreme Court will decide at the federal level whether to limit access to abortion drugs.