The Alabama Supreme Court has ruled that frozen embryos are ‘children’ and that someone can be held liable for destroying them, in what is being described as a first-of-its-kind decision in the US. The court was hearing cases brought by three couples who had their frozen embryos destroyed in an accident at a fertility clinic.
Justice Jay Mitchell at the all-Republican court, citing anti-abortion language from the Alabama Constitution, ruled that an 1872 law allowed parents to sue over the death of a minor child which also applied to “unborn children”.
“Unborn children are ‘children” without exception based on developmental stage, physical location, or any other ancillary characteristics,” wrote Justice Mitchell in the verdict.
“The Wrongful Death of a Minor Act applies to all unborn children, regardless of their location,” he added.
What is the case about?
According to court documents, the plaintiffs in case had undergone IVF treatments that led to the creation of several embryos, some of which were implanted and resulted in healthy births.
The couples had then decided to keep other embryos frozen in a storage facility at the Mobile Infirmary Medical Center. However, in 2020, a patient wandered into the area where the embryos were stored and attempted to remove them. In the process, he dropped them on the floor and “killed” them, according to the ruling.
Implications of the verdict
The decision by the Alabama SC could have serious implications for people seeking in-vitro fertilization (IVF) or other assisted reproductive technology treatments.
Previously, the freezing of embryos was considered property by the courts. However, the fresh verdict could increase the criminalisation of expectant people.
Moreover, the decision comes ahead of the 2024 presidential elections and could further divide the two sides on the sensitive topic. While the Republican side believes that personhood begins at fertilisation, the Democrats, who are in the pro-choice bloc believe that a fertilised egg is nothing but a clump of cells.
Up until now, at least 11 states have broadly defines personhood as beginning at the fertilisation process. More states, especially the conservative strongholds, are also expected to further clearly define personhood, buoyed by the decision of Alabama SC, experts argue.
(With inputs from agencies)
