Alabama fertility clinics restarting IVF treatments after new law gives legal cover

Alabama fertility clinics that paused in vitro fertilization (IVF) treatments last month are gearing up to restart now that the state passed a law that protects patients and clinics from legal liability. 

The University of Alabama at Birmingham, the state’s largest health system, said in a statement that the legislation provides “some protections” that will allow UAB to restart IVF treatments. 

“While UAB is moving to promptly resume IVF treatments, we will continue to assess developments and advocate for protections for IVF patients and providers,” a spokeswoman said. 

Alabama Fertility, which suspended IVF services Feb. 22, in a Facebook post said it is resuming transfers and IVF treatments this week. 

“A solution — after 19 days of uncertainty and 14 days of missed opportunities for our patients,” the clinic wrote. “To our patients — you are our heroes. We wouldn’t be where we are without you standing up, telling your stories and letting the world know how important IVF treatments are for families in our state.” 

The law was passed just three weeks after the state Supreme Court ruled that frozen embryos are children and clinics can be held liable for wrongful death if the embryos are destroyed. The measure gives criminal and civil immunity “for death or damage to an embryo” related to IVF and takes effect immediately. 

Lawmakers in the GOP-controlled legislature were under pressure to move quickly. The unprecedented ruling alarmed medical professionals and reproductive health advocates, who said it would jeopardize IVF treatment in the state. Within days of the ruling, many clinics in the state paused IVF for fear of liability.  

During IVF treatments, multiple eggs are often harvested, fertilized and then frozen to increase the chances of successful implementation and pregnancy. If an embryo is not viable, if genetic abnormalities are identified or if a patient does not wish to have any more children, common medical practice is to discard them.   

In a statement Wednesday night, Gov. Kay Ivey (R) called the bill an “important short-term measure” that will let clinics reopen and give people the ability to become parents. 

Ivey has been vocal about protecting IVF, like many Republicans across the country who have sought to distance themselves from the ruling and its fallout.  

“Let me say clearly: Alabama supports growing families through IVF,” she said. “From protecting the unborn to supporting IVF, Alabama is proud we are a pro-life, pro-family state.” 

But Republicans have largely avoided detailing how clinics should handle unimplanted, viable embryos, as many seem to agree that embryos are children with equal rights.  

“While we are grateful for the actions of Alabama legislators, this legislation does not address the underlying issue of the status of embryos as part of the IVF process — threatening the long-term standard of care for IVF patients," said Barbara Collura, president and CEO of RESOLVE: the National Infertility Association.