The Alabama Supreme Court recently issued a ruling that frozen embryos created during fertility treatments can be considered children under state law. This decision came in response to a pair of wrongful death cases where couples had their frozen embryos destroyed in an accident at a fertility clinic. The ruling has sparked concerns among advocates who believe it could have significant implications for fertility treatments.
Citing anti-abortion language in the Alabama Constitution, the justices determined that an 1872 state law allowing parents to sue over the death of a minor child applies to all unborn children, regardless of their developmental stage or physical location. The majority ruling emphasized that unborn children are considered children under the law without exception.
The court's decision builds on a previous ruling that fetuses killed while a woman is pregnant are covered under Alabama's Wrongful Death of a Minor Act. The addition of language to the Alabama Constitution in 2018, recognizing the rights of unborn children, further supported the court's interpretation.
Supporters of the constitutional amendment argued that it was a statement of voters' beliefs and would not have any impact unless states gained more control over abortion access. However, with states gaining more control over abortion access in 2022, the ruling now has broader implications.
Critics of the constitutional amendment warned that it could have far-reaching consequences beyond abortion access, potentially affecting civil and criminal law. They viewed it as a measure that could establish constitutional rights for fertilized eggs, essentially granting them personhood status.
