Alabama Supreme Court Rules Frozen Embryos as Children Under State Law

In a landmark decision on February 16, 2024, the Alabama Supreme Court ruled that frozen embryos are legally considered children under state law. This ruling emerged from wrongful death lawsuits filed by three couples whose frozen embryos were accidentally destroyed at a fertility clinic. The court's decision allows these lawsuits to proceed, potentially holding fertility clinics liable for the loss of embryos and raising significant questions about the future of in vitro fertilization (IVF) practices in Alabama.

The case, LePage v. Center for Reproductive Medicine, centered on the accidental destruction of frozen embryos stored at the Mobile Infirmary Medical Center. A patient in 2020 accessed the storage area and dropped several embryos, resulting in their destruction. The affected couples filed wrongful death lawsuits, leading to the Supreme Court's ruling that the state's Wrongful Death of a Minor Act applies to all unborn children, including those outside the womb. Justice Jay Mitchell, writing for the majority, stated, "Unborn children are 'children' ... without exception based on developmental stage, physical location, or any other ancillary characteristics."

Chief Justice Tom Parker, in a concurring opinion, emphasized the "sanctity of unborn life," quoting the Bible to underscore his viewpoint. He wrote, "Human life cannot be wrongfully destroyed without incurring the wrath of a holy God."

In response to the ruling, several IVF providers in Alabama, including the University of Alabama at Birmingham (UAB) health system and Alabama Fertility Services, paused their IVF treatments. These providers cited concerns over potential legal liabilities and the need to evaluate the ruling's implications. UAB stated it was assessing whether patients or doctors could face criminal charges or punitive damages.

The Fertility Providers Alliance warned that the decision could lead to increased treatment costs and emotional burdens for couples undergoing IVF. They stated, "Potential liability for negligence and the need for heightened security measures could significantly inflate treatment costs, potentially placing IVF out of reach for many families."

Public opinion appears to diverge from the court's decision. A February 2024 Axios-Ipsos poll revealed that 66% of Americans oppose classifying frozen embryos as people and holding individuals legally accountable for destroying them.

Politically, the ruling has influenced electoral dynamics. AshLeigh Dunham, a fertility lawyer and juvenile court referee in Jefferson County, announced her candidacy for the Alabama Supreme Court in the 2026 Democratic primary. Dunham criticized the 2024 ruling, emphasizing her personal and professional experience with IVF.

The Alabama Supreme Court's decision is unprecedented in the United States and could set a legal precedent for other states. Legal scholars note that similar laws in over a dozen states pose ongoing threats to IVF procedures, potentially categorizing embryos as persons and affecting fertility clinic practices.

Furthermore, the ruling has been cited by groups in other states. For instance, Liberty Counsel, a nonprofit advocating for religious freedom, is using the Alabama decision as a precedent in a Florida abortion rights case, arguing that every unborn life should be protected.

This ruling has profound implications for reproductive rights and the practice of IVF in Alabama and potentially across the nation. As legal definitions of personhood evolve, fertility clinics, medical professionals, and prospective parents must navigate the complex landscape shaped by this decision.