(NewsNation) — The Alabama Supreme Court has ruled that frozen embryos can be considered children under state law, and several critics are worried the decision could affect in-vitro fertilization, commonly known as IVF.
Leah Litman, professor of law at the University of Michigan, says the ruling “certainly comes close to” making IVF illegal in Alabama, but there are certain aspects of the decision that are still unclear.
“When you have state supreme courts, like Alabama, pushing the boundaries, we don’t know how far it’s gonna go. That is creating real uncertainty,” Litman said during a Wednesday appearance on NewsNation’s “Dan Abrams Live.” “In the short-term, the consequences of this decision are extremely cruel.”
Alabama’s largest hospital paused in-vitro fertilization treatments Wednesday as providers and patients across the state scrambled to assess the impact of a court ruling that said frozen embryos are the legal equivalent of children. Another clinic stopped treatments Thursday.
The University of Alabama at Birmingham Health System said in a statement that it must evaluate whether its patients or doctors could face criminal charges or punitive damages for undergoing IVF treatments.
“We are saddened that this will impact our patients’ attempt to have a baby through IVF,” the statement from spokeswoman Savannah Koplon read.
Doctors and patients were gripped by a mixture of shock, anxiety and fear as they weighed how to proceed in the wake of the ruling by the all-Republican Alabama Supreme Court.
WHAT IS IVF?
In vitro fertilization offers a possible solution when a woman has trouble getting pregnant. It involves retrieving her eggs and combining them in a lab dish with a man’s sperm to create a fertilized embryo, which is then transferred into the woman’s uterus in an attempt to create a pregnancy.
IVF is done in cycles and more than one may be required to create a successful pregnancy, according to The American College of Obstetricians and Gynecologists. The procedure can use a couple’s eggs and sperm or those from a donor.
The Associated Press contributed to this report.