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Alabama Frozen Embryos
FILE - In this Tuesday, Oct. 2, 2018 photo, containers holding frozen embryos and sperm are stored in liquid nitrogen at a fertility clinic in Fort Myers, Fla. The Alabama Supreme Court ruled, Friday, Feb. 16, 2024, that frozen embryos can be considered children under state law, a ruling critics said could have sweeping implications for fertility treatments. The decision was issued in a pair of wrongful death cases brought by three couples who had frozen embryos destroyed in an accident at a fertility clinic. (AP Photo/Lynne Sladky, File)

What's next after the Alabama ruling that counts IVF embryos as children?

The Alabama Supreme Court ruled last week that couples who were trying in vitro fertilization and lost frozen embryos in an accident at a south Alabama storage facility can sue under the state’s wrongful death law

By KIM CHANDLER and GEOFF MULVIHILL
Published - Feb 22, 2024, 06:50 PM ET
Last Updated - Feb 22, 2024, 06:50 PM EST

MONTGOMERY, Ala. (AP) — The Alabama Supreme Court ruled last week that couples who were trying in vitro fertilization and lost frozen embryos in an accident at a south Alabama storage facility can sue under the state’s wrongful death law.

Since then, three providers have paused the often-used fertility treatments while they sort out the legal implications.

The ruling is the first of its kind and extends a theory championed by some anti-abortion groups — that embryos and fetuses should be considered children and be afforded legal protections — into a new realm.

While the decision was narrow, some legal scholars think there's potential for wider impact.

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