The issue of frozen embryos in the United States has become a significant topic of discussion in recent years, particularly in the context of family law1. With the number of frozen embryos in the U.S. soaring into the millions, disputes over who owns them are also on the rise2.
Legal Status of Frozen Embryos
There is currently no U.S. federal law governing what is to be done with viable embryos in the event of a couple’s separation1. As a result, such cases are determined by individual states who, according to the American Bar Association (ABA), are using a “patchwork of legislative and judicial approaches” to make their decisions1. Judges have often — but not always — ruled in favor of the person who does not want the embryos used, sometimes ordering them destroyed, following the theory that no one should be forced to become a parent2.
Alabama Supreme Court Ruling
A recent ruling by the Alabama Supreme Court has brought this issue into sharp focus34. The court declared that embryos created through in vitro fertilization (IVF) should be considered children4. This decision was based on a case where a hospital patient entered a fertility clinic’s cryo-preservation unit and destroyed several frozen embryos4. The couples affected by this incident brought lawsuits against the clinic under the Wrongful Death of a Minor Act, an Alabama statute4. The court ruled in favor of the couples, stating that the Act applies to all unborn children, regardless of their location3.
Implications of the Ruling
This ruling has far-reaching implications for IVF clinics, patients, and the broader healthcare sector34. Several of Alabama’s IVF clinics have suspended their services due to the uncertainty caused by the ruling3. The decision has also prompted broader questions about whether IVF could become America’s next battleground over reproductive rights3.
The legal status of frozen embryos in the U.S. is a complex and evolving issue. The recent Alabama Supreme Court ruling has added a new dimension to this debate, raising questions about the rights of embryos and the implications for reproductive technology. As this issue continues to unfold, it will undoubtedly continue to shape the landscape of family law and reproductive rights in the U.S.
For a more in-depth analysis, I recommend reading the full articles and legal documents referenced in this summary34215.
What Does The Alabama Supreme Court Ruling Say?
The Alabama Supreme Court ruling on frozen embryos is a landmark decision that has far-reaching implications for in vitro fertilization (IVF) and reproductive rights12.
Background of the Case
The case involved three couples who underwent IVF treatment at a fertility clinic in Alabama1. As a result of the treatments, they produced a number of additional embryos that were not used and were frozen and preserved by the fertility clinic1. In December 2020, a patient of the hospital where the fertility clinic was located entered the cryo-preservation unit and opened one of the tanks in which the frozen embryos were stored1. The patient grabbed some of the embryos, causing them to be destroyed1.
The Lawsuit
The couples brought lawsuits against the fertility clinic and the hospital under the Wrongful Death of a Minor Act, an Alabama statute1. The trial court dismissed this case, stating that embryos that exist in vitro are not people or children for the purposes of the Wrongful Death of a Minor Act1. The couples appealed this decision to the Supreme Court of Alabama1.
The Ruling
The Alabama Supreme Court issued a ruling on February 16, 2024, declaring that embryos created through IVF should be considered children1. The court stated that the Wrongful Death of a Minor Act applies to all unborn children, regardless of their location1. The court heavily relied on both the wording of the wrongful death statute and language added to the Alabama Constitution in 2018 stating that Alabama protects the “rights of the unborn child”2.
Implications of the Ruling
This ruling has caused several of Alabama’s IVF clinics to pause their services due to the uncertainty caused by the ruling1. It has also raised broader questions about whether IVF could become America’s next battleground over reproductive rights1. Some legal scholars believe there’s potential for wider impact2.
For more detailed information, I recommend reading the full articles34512.
What Are The Argument For Considering Embroys As Children?
The arguments for considering embryos as children often stem from philosophical, religious, and ethical perspectives. Here are some of the key arguments:
1. Personhood Begins at Conception:
This argument posits that life begins at the moment of conception when the sperm fertilizes the egg1. Therefore, embryos, even in their earliest stages, should be considered as individuals with rights1. This view is often held by those who oppose abortion and is rooted in certain religious and philosophical beliefs1.
2. Potential for Life:
Some argue that because an embryo has the potential to develop into a full-fledged human being, it should be granted the status of a child1. This perspective values the potential future life of the embryo1.
3. Genetic Uniqueness:
Embryos are genetically unique from the moment of conception, possessing a distinct combination of DNA from both parents1. Some argue that this genetic uniqueness qualifies embryos as individual beings deserving of rights1.
4. Legal Precedents:
In some cases, legal precedents have been set that recognize embryos as children. For example, the Alabama Supreme Court ruling declared that embryos created through in vitro fertilization (IVF) should be considered children2. The court heavily relied on both the wording of the wrongful death statute and language added to the Alabama Constitution in 2018 stating that Alabama protects the “rights of the unborn child”2.
5. Religious Beliefs:
Many religious groups believe in the sanctity of life from the moment of conception and thus consider embryos as children1. For instance, the Alabama Supreme Court ruling cited the words of God to the prophet Jeremiah: “Before I formed you in the womb I knew you. Before you were born I sanctified you.”1
It’s important to note that these arguments are not universally accepted and are the subject of ongoing debate in the fields of law, medicine, ethics, and religion123.
What Are The Arguments Against Considering Embroys As Children?
The arguments against considering embryos as children often stem from scientific, ethical, and legal perspectives. Here are some of the key arguments:
1. Scientific Understanding:
From a biological perspective, embryos do not possess the characteristics that define a human being, such as the ability to think, feel, or interact with their environment1. They are a cluster of cells with the potential to develop into a human being, but they are not yet a person1.
2. Potential vs. Actual Life:
While an embryo has the potential to become a full-fledged human being, it is not yet a human being1. This argument differentiates between potential life and actual life, asserting that potential life should not be granted the same rights as actual life1.
3. Legal and Ethical Implications:
Recognizing embryos as children could have far-reaching legal and ethical implications23. For example, it could make IVF substantially more expensive and preserving embryos more onerous3. It could also lead to complex legal issues around parental rights2.
4. Impact on Reproductive Rights and IVF:
If embryos are considered children, it could pose a threat to reproductive rights and the practice of IVF1. For instance, it could potentially criminalize the destruction of embryos, which is a common practice in IVF treatments1.
5. Religious and Philosophical Differences:
There are diverse religious and philosophical views on when life begins4. Not all religious or philosophical traditions agree that life begins at conception4.
6. Genetic Modification:
Some argue that if embryos are considered children, it could open the door to genetic modification of future children5. This could lead to ethical issues around eugenics and designer babies5.
It’s important to note that these arguments are not universally accepted and are the subject of ongoing debate in the fields of law, medicine, ethics, and religion12345.
How do other countries approach this issue of frozen embroys?
The approach to the issue of frozen embryos varies significantly across different countries, reflecting a range of legal, ethical, and cultural perspectives123.
United Kingdom
In the UK, the creation, freezing, and use of embryos are governed by the Human Fertilisation and Embryology Act 19901. Despite this statutory framework, disputes over the use or disposal of frozen embryos when relationships break down between the genetic parents are common1. The courts have typically found in favor of the partner who applied to withdraw consent for the continued storage or implantation of the embryo1.
Australia
In Australia, several embryos are usually produced in an IVF cycle but only one, or at most two, are transferred at one time to minimize the chance of multiple births2. Additional embryos are then stored at clinics for use in future transfer cycles2. Over the past decade in Victoria alone, over 20,000 embryos were discarded as a result of mandatory storage limits set by law2. More than 120,000 human embryos are now in storage across Australia2.
Global Perspectives
The Alabama Supreme Court ruling has raised questions about the definition of ‘embryo’ and whether fertilization dictates personhood3. This has led to a global discussion on the legal and ethical implications of such a ruling3.
It’s important to note that these approaches are not universally accepted and are the subject of ongoing debate in the fields of law, medicine, ethics, and religion123.
Last updated on: May 6, 2024
