Alabama Lawmakers Set to Pass Republican-Proposed IVF Protection Bill

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ICARO Media Group
Politics
06/03/2024 21h49

Alabama lawmakers are poised to vote on a Republican-proposed bill aimed at safeguarding in vitro fertilization (IVF) practices, following weeks of controversy triggered by a state Supreme Court ruling that classified embryos as children. The bill, which offers civil and criminal "immunity" to healthcare providers involved in IVF treatments, is expected to receive overwhelming support from both chambers of the Legislature.

If there are no last-minute changes to the bill, it will be sent to Governor Kay Ivey, a Republican, who has expressed her intention to sign it into law. An Ivey spokesperson, Gina Maiola, stated, "We anticipate the IVF protections legislation to receive its final passage very soon and look forward to the governor signing it into law."

Contrary to definitively clarifying the rights of frozen embryos under state law, the narrowly tailored bill primarily aims to shield doctors, clinics, and other healthcare workers providing IVF services from legal repercussions. It specifically states that no action, suit, or criminal prosecution for damage to or the death of an embryo can be brought against individuals or entities involved in IVF procedures.

During debates in both chambers on Tuesday, lawmakers removed the term "goods" from the bill's language, potentially leaving room for companies involved in IVF processes to face civil suits but not criminal prosecution if their products are found to harm or destroy embryos. Additionally, the amended bills impose a monetary cap on potential damages, limiting the awards to the amount patients paid for the affected IVF cycle.

Reproductive rights advocates have criticized the current form of the bill, claiming that it fails to adequately protect IVF care in light of the wider issues raised by the Supreme Court ruling. Karla Torres, senior counsel at the Center for Reproductive Rights, expressed disappointment, stating that the legislation seemed to grant personhood to embryos and represented a step backward amidst public outcry.

Nevertheless, doctors at fertility clinics in the state indicated their readiness to resume IVF transfers and other services as early as Thursday, pending Governor Ivey's signature. Dr. Janice Bouknight, from Alabama Fertility, expressed confidence that the proposed bills would provide the necessary protections to restart or continue care for patients.

The upcoming votes in the Legislature come after multiple hearings that saw impassioned debates among lawmakers. Despite widespread objections, the bills consistently advanced with overwhelming support. Democrats, in conjunction with anti-abortion Republicans, voiced concerns about the lack of clarity regarding whether embryos created through IVF should be considered children under state law.

While Democrats proposed their own bills to explicitly state that embryos outside the uterus are not considered unborn children, these bills did not progress. Republican supporters of the current legislation acknowledged its imperfections but stressed the urgent need to reopen IVF clinics without the fear of legal consequences.

The need for this legislation arose from a recent Alabama Supreme Court ruling, which held individuals accountable for destroying embryos under the state's wrongful death law. This ruling led to the temporary closure of several IVF clinics, triggering a wave of criticism against anti-reproductive rights conservatives in Alabama and beyond. Former President Donald Trump even urged quick action on the issue.

As Alabama lawmakers move closer to finalizing the IVF protection bill, it remains to be seen how effectively it will address the concerns surrounding embryo rights and reproductive care.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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