The hastily written bills that passed both chambers came as a direct response to the state Supreme Court’s ruling that granted human rights to frozen embryos and held individuals liable for their destruction.
The ruling ignited a national debate about modern IVF practices and put Republicans in uncomfortable positions to try to reconcile their views on personhood and IVF ahead of the 2024 election.
The ruling threw Alabama into chaos, resulting in several fertility clinics, including the largest health care provider in Alabama, pausing IVF services due to concerns of legal action if frozen embryos stored at their facilities were destroyed.
The legislation is intended to give the clinics enough clarity to reopen and resume operations.
Gov. Kay Ivey (R) has expressed support for IVF and is expected to sign the bill into law, once the final language is reconciled.
The legislation passed both chambers nearly unanimously.
But in their rush, state lawmakers have come under fire from both anti-abortion groups and fertility medicine groups.
“It is unacceptable the Alabama legislature has advanced a bill that falls short of pro-life expectations and fails to respect the dignity of human life. Alabama can do both: allow the continued practice of IVF with care for those suffering from infertility and respect life created through the IVF,” anti-abortion group Susan B. Anthony Pro-Life America said in a statement.
Sean Tipton, chief advocacy and policy officer at the American Society of Reproductive Medicine, called the legislation “inadequate” because “it fails to correct the Supreme Court’s nonsensical stance that fertilized eggs are scientifically and legally equivalent to children.”
Tipton said the bills “will not provide the assurances Alabama’s fertility physicians need” and added that “without a more permanent and thorough fix, it will be difficult to recruit new physicians to the state and build their practices so they can continue to provide the best possible care to Alabamians.”
