Alabama IVF clinics reopen after Gov. Ivey signs bill granting legal protections to providers

Alabama Republican Governor Kay Ivey signed a bill into law on Wednesday that grants legal protections to in-vitro fertilization providers, prompting some clinics to reopen.

Several IVF providers, including that state's largest hospital, halted services last month after the Alabama Supreme Court ruled that embryos have the same rights as "unborn children." The ruling stemmed from a lawsuit involving three couples who accused their IVF provider of wrongful death after a wandering hospital patient allegedly destroyed their frozen embryos.

The state supreme court's ruling sparked fears about the future of IVF services, leading clinics to pause treatments over concerns that staff could face criminal charges or damages.

Last week, Alabama lawmakers passed Senate Bill 159 and House Bill 237, Republican-proposed legislation granting legal protections to IVF clinics. On Wednesday, both chambers moved quickly to pass a unified version of the bills, sending the legislation to Ivey's desk for a signature.

The House approved the bill in an 81-12 vote, and the Senate voted 29-1 to pass the legislation, USA Today reported.

On Wednesday evening, Ivey said, "The overwhelming support of SB (Senate Bill) 159 from the Alabama Legislature proves what we have been saying: Alabama works to foster a culture of life, and that certainly includes IVF."

"I am confident that this legislation will provide the assurances our IVF clinics need and will lead them to resume services immediately," she added.

Under the new law, IVF providers cannot face criminal prosecution if there is "damage or death of an embryo," but civil lawsuits can still be filed against clinics.

Dr. Mamie McLean with Alabama Fertility stated that the clinic plans to resume treatments on Thursday.

"This means that we will be able to do embryo transfers and hopefully have more pregnancies and babies in the state of Alabama," McLean said.

Many Democrats were displeased with the bill, noting that it failed to clarify whether an embryo created by IVF should be treated as a child. The state's Republican majority rejected a Democratic-proposed bill that stated embryos outside the uterus cannot be deemed unborn children.

Some critics of the legislation have expressed concerns that it provides too much protection to clinics. Attorney Sarah London told USA Today that the new law could create a "potentially dangerous environment for patients."

"It is vital to protect access, but we should not give complete immunity to the fertility industry and wipe out critical protections for women undergoing IVF treatment," London remarked. "When the industry fails to live up to minimum safety standards and the promises made to hopeful parents, we need to ensure there is a pathway to accountability."

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