Justices on the Alabama Supreme Court heard oral arguments Tuesday in a wrongful death case filed against a south Alabama fertility clinic over the destruction of in vitro embryos.
Justices on the Alabama Supreme Court heard oral arguments Tuesday in a wrongful death case against a Mobile fertility clinic involving the destruction of in vitro embryos stored in cryogenic freezers.
Three families who sought fertility treatment at the Center for Reproductive Medicine in Mobile sued after an unauthorized person gained access to the cryogenic freezer and removed and destroyed unused embryos. The circuit court judge dismissed the case on the grounds that an embryo stored in vitro did not count as a person under Alabama law. The families appealed that dismissal and the case is now before the state supreme court.
The only difference between embryos implanted inside the body, which would be covered under Alabama’s wrongful death statute, and those stored in a cryogenic freezer is the location, they argued. Alabama voters approved a constitutional amendment in 2018 that protects the rights of unborn children. Parents pay to store unused embryos. But sometimes embryos are destroyed or donated for research if there are genetic problems or if they are unlikely to develop normally in utero, the medical association said. Requiring fertility clinics to store all unused embryos forever would push up the costs for patients.
“The Appellants’ position would result in physicians being potentially liable for wrongful death any time in vitro embryos fail to develop into a successful pregnancy,” the brief said.
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