The Alabama Supreme Court on Friday declined to reconsider a controversial ruling that said frozen embryos are considered children under a state law.
Justices in a 7-2 decision without comment rejected a request to revisit the ruling that drew international attention and prompted fertility clinics to cease services earlier this year. Alabama justices in February ruled that three couples could pursue wrongful death lawsuits for their "extrauterine children" after their frozen embryos were destroyed in an accident at a storage facility.
The decision prompted a wave of public backlash as women saw fertility treatments canceled or put in jeopardy after the ruling.
Three clinics stopped IVF services because of the civil liability concerns raised by the ruling, which treated a frozen embryo the same as a child or gestating fetus under Alabama's wrongful death law. The clinics resumed services after state lawmakers approved legislation shielding providers from civil lawsuits.
However, the Mobile Infirmary Medical Center, which was the focus of the two lawsuits that led to the state Supreme Court's controversial ruling, announced last month that it will stop IVF treatments at the end of 2024 due to litigation concerns.
Justice Dissents in Court Decision on Reproductive Medicine Case
In a dissenting opinion, Justice Will Sellers expressed his disagreement with the majority's decision not to rehear a case involving the Center for Reproductive Medicine and the Mobile Infirmary.
Sellers argued that the original opinion had far-reaching consequences for individuals not directly involved in the case, causing disruptions to routine medical procedures such as IVF services.
Both the Medical Association of the State of Alabama and the Alabama Hospital Association supported the request for a rehearing, citing ongoing uncertainty in the medical community despite the resumption of IVF services.
