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The Alabama legislature rushed to protect in-vitro fertilization services after fertility clinics shut down when a court ruled that frozen embryo’s are children under the wrongful death law.
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Those on both sides of the abortion debate attributed the pause to fallout from the Alabama Supreme Court’s ruling that frozen embryos should be considered children.
If the bill moves forward, Florida would become the 13th state that will allow parents to be compensated for financial damages when a fetus dies. In wrongful death cases, the parents of an unborn child can be considered survivors and able to file a lawsuit.
The Democrats warned that the bill gave full rights to a fetus, and called itfetal personhood. They said the designation would endanger doctors and anyone who aided women in obtaining an abortion and would have a negative effect on fertility treatments.
Although I have worked diligently to answer questions and concerns, I understand there is still some work that needs to be done on the bill, which is the sponsor of the bill. “It is important we get the policy right with an issue of this significance.”
The Supreme Court of Alabama Rules That a Preferential Parenthood Policy is Protected by a Child’s Right. The Case for I.V.F.
Alabama’s Supreme Court cited anti-abortion language added to the state’s constitution as evidence that it protects the rights of unborn children. The amendment received a majority of voter approval in Alabama.
Though the Florida bill does not mention I.V.F., critics feared that it could affect fertility treatments and make it harder for families to have children.
“It’s fair to assume that I.V.F. was a problem for this bill from the jump,” said Mary Ziegler, a law professor and historian at the University of California, Davis, who used to teach at Florida State University. The degree of concern and backlash increased after the ruling. It was like it became a fire.
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The decision was unexpected, causing chaos and grief as fertility centers in Alabama paused their in fertilization practices, throwing into confusion and crushing dreams of long-deferred parenthood for couples with days away from being born. (The cowardice of the medical profession is a notable feature of the post-Dobbs era; listen to Monday’s episode of “The Daily” for one young woman’s despairing account of what she experienced.)
Republican Rep. Ernie Yarbrough of Trinity tried unsuccessfully to put an amendment on the bill that would prohibit clinics from intentionally discarding embryos that are unused or after genetic testing.
Embryos in the State House: A Resolution to the “Disagreement of Personhood” After the 2018 Abortion Decree
This is important to me and a bunch of other members of the House. Understand, that once that is fertilized, it begins to grow, even though it may not be in a woman’s uterus,” Gidley said.
The state, which has a stringent abortion ban with no exceptions for rape, has interfered with the decisions of women, said a Democratic lawmaker.
Rep. Chris England, a Democrat from Tuscaloosa, said lawmakers may be able to provide a temporary solution through legislation but a long-term solution must address the 2018 constitutional amendment, which he said essentially established “personhood” for embryos.
More than 200 patients of infertility treatment filled the Statehouse on Wednesday to urge the Legislature to restart the procedure in the state. They showed the lawmakers how the ruling halted their path to parenthood.
LeeLee Ray underwent eight miscarriages, one ectopic pregnancy and multiple surgeries before turning to surrogacy in hopes of having a child. She and her husband found a surrogate through a matching program, but now can’t have their embryos transferred to her and are unable to move their embryos out of state.