Mobile Infirmary was the focus of two lawsuits from parents who lost their frozen embryos in 2020 after a patient reportedly walked through the doorway and dropped them. In February, the Alabama Supreme Court ruled that frozen embryos are children and protected under the state’s Wrongful Death of a Minor Act.
Associate Justice Jay Mitchell concluded in the majority opinion that the act, first enacted in 1872, “applies to all children, born and unborn, without limitation.”
Last month, Alabama Gov. Kay Ivey signed Senate Bill 159, which declares that “no action, suit, or criminal prosecution for the damage to or death of an embryo shall be brought or maintained against any individual or entity when providing or receiving services related to in vitro fertilization.”
Lila Rose, founder and president of Live Action, criticized the legislation. She contended that the bill gives “blanket immunity to the unregulated and profit-driven IVF industry.”
Katy Faust, founder and president of Them Before Us, cited research last month that suggests only 7% of lab-created embryos are born alive. The others either remain frozen or they might be donated to science.