IVF Embryos Are Protected Children Under Alabama State Law

by | Feb 21, 2024 | Latest News, Top Story

The Alabama Supreme Court has ruled that embryos created through in vitro fertilization and kept frozen are protected by state law, overturning a lower court decision.In a decision released last Friday in the case of James LePage and Emily LePage, et al v. The Center for Reproductive Medicine, the high court determined that frozen embryos were protected by Alabama’s Wrongful Death of a Minor Act.

Associate Justice Jay Mitchell authored the majority opinion, concluding that “the Wrongful Death of a Minor Act applies to all unborn children, regardless of their location.”

“All parties to these cases, like all members of this Court, agree that an unborn child is a genetically unique human being whose life begins at fertilization and ends at death,” wrote Mitchell.