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.
