Act of Alabama 2024-20

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Act of Alabama 2024-20 is an Alabama law, passed during the 2024 legislative session, which indemnifies parties to in vitro fertilization treatment from prosecutions or other legal actions arising from the destruction of human embryos.

The bill was quickly drafted in response to the Alabama State Supreme Court's February 16, 2024 ruling that embryos created during in vitro fertilization treatments have the same rights as human children. The ruling was issued in an appeal from four civil lawsuits filed in the Mobile Circuit Court claiming that the Mobile Infirmary Medical Center failed to protect the viability of frozen embryos and should be held liable for their "wrongful deaths" when that storage was compromised in 2020. The circuit court dismissed the plaintiff's claims on the basis that Alabama's "Wrongful Death of a Minor" civil statute (Act of Alabama 1872-62, now codified as Title VI, Chapter 5, Article 22, § 6-5-391) does not apply to frozen embryos.

On appeal, the State Supreme Court reversed the Circuit Court's dismissal. It cited the "Sanctity of unborn life" language added to Alabama's constitution by a statewide referendum held during the 2018 general election. Now re-compiled as Section 36.06 of the Alabama Constitution of 2022, it reads in part, "it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life." The court's decision included the acknowledgement that, "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," and examined only the question of whether an exception existed in law or precedent for "extrauterine children" not developing in a biological uterus or womb. The court's ruling was 7-1, with two justices concurring wholly with the decision, three concurring "specially" with additional opinions, 1 concurring with the result but having other opinions, 1 concurring in part and dissenting in part, and one dissent.

The decision immediately drew criticism from President Joe Biden and Vice President Kamala Harris. Likewise, Republican nominee Donald Trump complained "We want to make it easier for mothers and fathers to have babies, not harder!" Because regular in vitro fertilization treatment involves the preparation of multiple embryos for one pregnancy, healthcare providers across the state immediately suspended treatment, leaving patients to scrambled to continue their care elsewhere. U.S. Secretary of Health and Human Services Xavier Becerra scheduled a panel discussion in Birmingham with affected families. Barbara Collura, CEO of RESOLVE: The National Infertility Association, led a rally in Montgomery.

Early drafts of the act were set to expire on June 1, 2025 to force the legislature to revisit the issue, but that language was dropped to provide assurance to patients and providers. The final bill was introduced on February 27 by State Senator Tim Melson (R-District 1) as Senate Bill 159. Small amendments offered by Melson and by Linda Coleman-Madison (D-District 20) were adopted before it was passed by the Senate on a 34-0 vote on February 29. The bill got its first reading in the Alabama State House of Representatives that same day. Amendments by Terri Collins (R-District 8) and the House Health Committee were adopted on March 5 and 6.

The House passed the bill by a vote of 81-12 with 9 abstentions, and the Senate accepted the House amendments by a 29-1 vote shortly before 9:00 PM. Governor Ivey signed the bill at 9:13 PM. Fertility clinics in the state announced subseuqently that they would resume operating, but warned that further protections would be necessary.

Other legislative proposals, including two by Representative Anthony Daniels (D-District 53) would have stipulated, by law and by amendment, "that an embryo outside a uterus is not an unborn life or unborn child.". Those proposals were not debated or voted on.

Critics have noted that the law creates a special class of persons not subject to civil actions or criminal prosecution regardless of other facts relevant to their actions. They also note that with the ruling citing the Alabama and U.S. Constitutions, the law could be overturned on the same basis if challenged.

References

  • "Biden administration’s top health official visiting Birmingham after Alabama embryo ruling." (February 26, 2024) Associated Press / AL.com
  • Robinson, Aajene (February 27, 2024) "Health and Human Services Secretary visits Birmingham to discuss the impacts of the Supreme Court’s IVF ruling." WBRC.com
  • "In Wake of Alabama Supreme Court IVF Decision, U.S. Health and Human Services Secretary Xavier Becerra Visits Birmingham." (February 29, 2024) U.S. Department of Health and Human Services
  • Bellware, Kim (March 5, 2024) "Fourth couple sues Alabama clinic at heart of IVF court ruling." The Washington Post
  • Cason, Mike (March 6, 2024) "Gov. Kay Ivey signs into law bill to protect Alabama IVF services." AL.com
  • Yurkanin, Amy (March 7, 2024) "Alabama IVF clinics resuming treatments after protection bill passes: ‘Let’s get to work!’." AL.com

External links

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