Montgomery, Alabama
Lab staff prepare small petri dishes, each holding several 1-7 day old embryos, for cells to be extracted from each embryo to test for viability at the Aspire Houston Fertility Institute in vitro fertilization lab Tuesday, Feb. 27, 2024, in Houston, Texas.
The couples asked the judge to declare that the law — which was quickly approved by state lawmakers to protect IVF services in the state — as unconstitutional. It is the latest development in the legal saga that drew international attention and sparked concerns over the availability of IVF. That led three large fertility clinics to cease services because of liability concerns raised by the ruling treating the embryos the same as a child or gestating fetus under the wrongful death statute. Facing public pressure to get IVF services restarted in the state, lawmakers approved lawsuit protections for clinics. Clinics reopened soon after its approval.
The couples asked the judge to declare the new immunity law unconstitutional. They said it violates the Alabama Constitution which says it is state policy to recognize the “rights of unborn children, including the right to life.” They also argued the new law violates their due process and equal protection rights.
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