The legal fallout from Alabama’s IVF ruling is just beginning

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The legal fallout from Alabama’s IVF ruling is just beginning
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Mary Ziegler is a law professor at the University of California, Davis, School of Law and the author of 'Roe: The History of a National Obsession.'

Last Friday, the Alabama Supreme Court became the first in the nation to recognize frozen embryos as legal persons. The court’s decision — in a case in which three couples sued a fertility clinic for wrongful death after a patient destroyed several embryos — has already led the University of Alabama Birmingham, the state’s largest health care system, to pause IVF procedures. But what is happening in Alabama is just the beginning.

Last year, abortion opponents celebrating the anniversary of Roe’s reversal demanded the recognition of personhood under the U.S. Constitution. And as the Alabama ruling shows, the concept of the fetus or embryo as a person is becoming more accepted at the state level. Personhood puts the interests of fetuses above those of the parents.

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