The ruling left open the question of whether destroying a frozen embryo could result in criminal homicide charges.
The Alabama Supreme Court has ruled that frozen embryos created and stored for in vitro fertilisation are children under a state law allowing parents to sue for wrongful death of their minor children. The suit was filed by three couples whose frozen embryos were destroyed by a patient who "managed to wander into" a cryogenic nursery where they were stored, and accidentally dropped several of them on the floor.
At least three providers - the defendant in the case, the University of Alabama at Birmingham Health System and Alabama Fertility - have said they are pausing IVF treatments, citing potential civil and criminal liability in the wake of the decision. It also left it to the legislature to determine whether and how IVF could continue in the state. Probably not.
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