Lawmakers in Alabama are racing to find ways to safeguard in vitro fertilization (IVF) services in the state following a recent Supreme Court ruling. The ruling states that frozen embryos could be considered children under a state law, prompting multiple IVF providers to pause treatment.

In response to the public outcry, legislators in both the House and Senate introduced separate proposals aimed at preventing a fertilized egg from being recognized as a human life or unborn child until it is implanted in a woman's uterus. The ruling allowed three couples to pursue wrongful death claims for their "extrauterine children", sparking concern among IVF providers and patients.

Former President Donald Trump and President Biden have both weighed in on the issue, with Trump expressing strong support for IVF availability and Biden condemning the court ruling as "outrageous and unacceptable." Republicans and Democrats in the state are collaborating on solutions to address the unintended consequences of the constitutional language added in 2018.

Republican State Senator Tim Melson's proposal seeks to clarify that a fertilized egg is a "potential life" rather than a human life until it is implanted in the uterus, aiming to protect the IVF industry while ensuring access to fertility treatments for couples. Meanwhile, House Minority Leader Anthony Daniels introduced legislation to specify that a human egg or embryo outside the uterus should not be considered an unborn child under state law.

Despite the ruling, Alabama Governor Kay Ivey emphasized the state's commitment to fostering a culture of life, including supporting couples utilizing IVF to start families. The state Attorney General confirmed that IVF providers and families will not face prosecution based on the Supreme Court ruling, alleviating some concerns within the industry.

While some IVF providers in Alabama have temporarily halted services following the ruling, others, like the Fertility Institute of North Alabama, are continuing operations while urging policymakers to clarify the legal landscape to ensure certainty for providers and patients alike. Legal experts warn that the ruling may have broader implications, potentially sparking further debates about the constitutional rights of embryos and fetuses at the state and federal levels.