Berliner Tageblatt - Alabama university pauses IVF treatments after court ruling

Hannah Echols, a spokeswoman for the University of Alabama at Birmingham (UAB), said in a statement to local media that the school was "saddened" by the impact the move would have on patients seeking IVF.

"But we must evaluate the potential that our patients and our physicians could be prosecuted criminally or face punitive damages for following the standard of care for IVF treatments," Echols told AL.com.

The university decision to pause IVF procedures comes just days after an Alabama Supreme Court ruling in a lawsuit filed against a fertility clinic, under the state's 1872 Wrongful Death of a Minor Act.

The suit was filed by three couples whose frozen embryos were destroyed by a patient who "managed to wander into" a cryogenic nursery where they were stored and accidentally dropped several of them on the floor.

A lower court ruled the frozen embryos could not be considered a "person" or "child" and dismissed the wrongful-death claim.

But the Alabama Supreme Court, in a 7-2 ruling Friday, disagreed, saying "the Wrongful Death of a Minor Act applies on its face to all unborn children, without limitation."

"It applies to all children, born and unborn," Justice Jay Mitchell wrote in an opinion sprinkled with quotes from the Bible.

"The People of Alabama have declared the public policy of this State to be that unborn human life is sacred," Mitchell added in a reference to the conservative state's near-total ban of abortion.

The court ruling drew criticism from the White House and Resolve: The National Infertility Association, which said it could have "devastating consequences" for fertility clinics in the state.

"This new legal framework may make it impossible to offer services like IVF, a standard medical treatment for infertility," Resolve said.

Alabama is one of some two dozen states that have banned or restricted abortion access following the US Supreme Court's 2022 ruling overturning the constitutional right to the procedure.

The Medical Association of the State of Alabama warned in a brief to the state's high court that fertility clinics risked higher costs or shutting down because of "increased exposure to wrongful death liability."

F.Pavlenko--BTB