The controversial US court decision that considers frozen embryos as children (and the effects this has)

It’s a decision that has opened a new front in the battle for reproductive medicine in U.S.

The Federal Supreme Court of the state of Alabama issued a decision a few days ago in which considers frozen embryos as “babies”which also establishes responsibilities for those involved in its accidental destruction.

LOOK: The dilemma of devout Christians in the USA after the Alabama court decision that considers embryos to be people

This led the health system at the University of Alabama at Birmingham, the largest hospital in the southern United States, to stop your fertilization services in vitro (IVF) as a precaution against possible criminal actions.

The charity said it would continue to extract eggs from women’s ovaries. However, it said it would stop the next step of the IVF process, where eggs are fertilized with sperm before being implanted in the uterus.

“We are saddened that this will affect our patients’ attempts to have a baby through in vitro fertilization,” the charity said in a statement.

“But we must weigh the possibility that our patients and our doctors could be criminally prosecuted or face punitive damages for following the standard of care for IVF treatments.”

Just after, a second clinic, Alabama Fertility, also suspended procedures because of the “legal risk” they now face.

Medical experts and reproduction advocacy groups warned that the decision could have negative consequences for fertility treatments in Alabama and other states.

In turn, conservative groups expressed satisfaction with the decision, arguing that even the smallest embryo deserved legal protection.

What caused this decision?

The decision originates from a wrongful death lawsuit Filed by three couples whose embryos were lost at a fertility clinic in 2020.

A patient entered the place where the embryos were stored, manipulated them and accidentally dropped them. As a result, the embryos were destroyed.

All nine Alabama Supreme Court justices identify as conservative. (SUPREME COURT OF ALABAMA).

The couples sued the Center for Reproductive Medicine and the Mobile Nursing Association under the state’s Wrongful Death of a Child Act. This law covers fetuses, but not embryos resulting from in vitro fertilization.

A lower court ruled that the embryos were not considered a person or child and that the wrongful death suit could not succeed.

But in its decision, the Alabama Supreme Court ruled in favor of the plaintiff couples and decided that frozen embryos were considered “babies”.

The law of manslaughter applies to “all unborn children, regardless of location”read the decision.

Concurring with the majority opinion, Chief Justice Tom Parker wrote, “Even before they are born, all human beings bear the image of God, and their lives cannot be destroyed without erasing His glory.”

What implications does this have for Alabama?

The decision does not prohibit or restrict in vitro fertilization and, in fact, the couples who opened the case had already undergone the procedure.

But the decision can cause confusion about whether some aspects of in vitro fertilization are legal under Alabama law, experts say.

If an embryo is considered a person, questions may arise about how it can be used and stored in clinics.

Elisabeth Smith, director of state policy at the Center for Reproductive Rights, told the BBC: “Not all embryos [de fecundación in vitro] are used, nor can they be used.”.

“The enactment of a law that grants legal personality to embryos could have disastrous consequences for the use of in vitro fertilization, a science that many people rely on to build their families.”

Like other states, abortion has been a divisive issue in Alabama. (GET IMAGES).

The law’s ambiguity can also extend to patients themselves, who may have questions about whether the procedure is still available or legal.

The Alabama State Medical Association said in a statement: “The significance of this decision affects all Alabamans and will likely result in fewer babies – children, grandchildren, nieces, nephews and cousins ​​– as fertility options are limited for those who want to have a family.

How does this influence the national debate?

When the United States Supreme Court struck down the right to terminate pregnancy nationwide in 2022, it opened the door for states to enact their own laws on the issue.

Since that decision, Democratic-led states have expanded access to abortion, while Republican-led states have restricted it.

Before this decision, Alabama already prohibited abortion at all stages of pregnancy.

The White House called the new state ruling “the exact kind of chaos we expected when the Supreme Court overturned Roe v. Wade.” Wade and paved the way for politicians to influence one of the most personal decisions families can make.”

Since 2022, abortion has been at the center of debate in the USA (GETTY IMAGES).

Opponents of legal termination of pregnancy have also been closely following this decision. The question of when an embryo or fetus is legally considered a person is a factor in many state restrictions on abortion.

The Alliance Defending Freedom, a conservative Christian legal group, described the Alabama decision as a “tremendous victory for life”.

“No matter the circumstances, every human life is valuable from the moment of conception,” spokeswoman Denise Burke told the BBC. “We are grateful that the Court correctly found that Alabama law recognizes this fundamental truth.”

Other anti-abortion activists stated that in vitro fertilization was not as clear an ethical issue in their eyes compared to terminating a pregnancy.

Eric Johnston, a lawyer who helped write Alabama’s abortion law in 2018, told the BBC: “In general, the pro-life community would say that fertilized eggs need protection.”

But he acknowledged that there were couples with anti-abortion views who turned to in vitro fertilization to have children, and he said he would never condemn them.

“It’s a dilemma, and a dilemma is something for which there is no satisfactory answer,” he added.

What is in vitro fertilization?

fertilization in vitro Help a woman who has difficulty getting pregnant. According to the US Centers for Disease Control and Prevention, about 2% of pregnancies in the US. (about 97,000 cases) are the result of in vitro fertilization.

The process involves removing eggs from the ovaries with a needle and combining them with sperm in a laboratory. The fertilized embryo is then implanted in the woman’s uterus, where a pregnancy can occur.

But The process is not a guarantee of pregnancy. When there is no success, more attempts will be necessary to achieve pregnancy.

In some cases, such as Alabama, fertilized embryos are frozen and stored in tanks filled with liquid nitrogen. According to experts, they can be preserved for decades.

GET PICTURES.

How does this affect other states?

US states tend to replicate the legislation of others. This trend has been observed in the case of abortion.

Although The Alabama ruling only applies within the stateexperts noted that in other states there could be legislative attempts or lawsuits designed to promote the concept that frozen embryos should legally be considered living beings.

But they noted that it seemed unlikely that this particular case would end up in the U.S. Supreme Court, as the abortion issue did, because the Alabama decision originated in a state court and concerns an interpretation of state law, not federal law.

How does this influence elections?

The right to terminate a pregnancy has been a favorable topic for Democrats Since the Supreme Court overturned Roe v. Wade who guaranteed the constitutional right to terminate a pregnancy.

After the Alabama decision, Democratic candidates could promise to seek to protect access to fertility treatments across the United States.

The politicians republicansin turn, they tend to side with religious conservatives who want to ban or limit abortion in the country.

Republican presidential candidate Nikki Haley, the only candidate left in the race against Donald Trump for the nomination, on Thursday supported Alabama’s decision.

“To me, embryos are babies,” he said. “When you talk about an embryo, you’re talking about this.”

Source: Elcomercio