Access to Family Building Act: an antidote to Alabama’s Supreme Court Holding on in vitro fertilization
Year: 2024
Type: editorial
Abstract: On February 16, 2024, in the course of deciding LePage v. Mobile Infirmary Clinic, the Supreme Court of Alabama held that the State’s Wrongful Death of a Minor Act “applies to all unborn children regardless of their location” and that “the Act can be construed to include frozen embryos produced through in vitro fertilization (IVF) (1).” Although mindful of the implications of the decision for the practice of IVF treatment in Alabama and elsewhere, the Court deemed that “frozen embryos, negligently destroyed, are entitled to the same protections as a fetus inside a mother's womb (1).” Faced with the prospect of “extrauterine children” and the personhood rights thereof, several Alabama-based hospitals discontinued their IVF treatment service.
Source: F&S Reports
Authors: Eli Y. Adashi, Daniel P. O’Mahony
Institution: Brown University
Language: English
Field: Medicine
Domain: Health Sciences
Open Access status: gold
Estimated APC paid: $2,000
OpenAlex ID: W4392709999