Alabama Attorney General Steve Marshall has responded to concerns about the state's controversial court ruling on the legal status of embryos and its potential impact on couples pursuing in vitro fertilization (IVF) treatments.
Last week, the state's Supreme Court ruled that frozen embryos are considered the legal equivalent of living children, meaning that discarding unviable or unwanted embryos intended for IVF treatments could result in companies or families being prosecuted or held liable for wrongful death.
On Friday, Marshall's chief counsel, Katherine Robertson, told Newsweek that "Attorney General Marshall has no intention of using the recent Alabama Supreme Court decision as a basis for prosecuting IVF families or providers."
The Context
Concerns about the future of fertility treatments in Alabama were raised after the ruling that embryos could be considered children under state law.
Reproductive rights had already been limited in the heavily Republican state, where abortion has been illegal since the 2022 overturning of Roe v. Wade by the U.S. Supreme Court.
In the Alabama court's majority opinion, state Supreme Court Justice Jay Mitchell wrote that "unborn children are 'children' under [Alabama's Wrongful Death of a Minor Act], without exception based on developmental stage, physical location, or any other ancillary characteristics."
The court's chief justice, Tom Parker, cited his religious beliefs in a concurring opinion, arguing that "even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory."
What We Know
Robertson's statement asserting that Marshall has "no intention" of "prosecuting IVF families or providers" was issued at nearly the same time that former President Donald Trump demanded that Alabama lawmakers "find an immediate solution to preserve the availability of IVF in Alabama."
Trump, who is staunchly supported by Marshall, wrote in a post to Truth Social that "the Republican Party should always be on the side of the Miracle of Life." He also said that "IVF is an important part of that" and pledged to support "the availability of fertility treatments like IVF in every State in America."
On Thursday, Democrats in Alabama's state House filed a bill that would ensure "any fertilized human egg or human embryo that exists outside of a human uterus is not considered an unborn child or human being for any purpose under state law."
In the wake of the Alabama court's ruling, several IVF clinics in Alabama have paused treatments because of uncertainty over potential legal liabilities.
Views
"Alabamans in the midst of seeking treatment have had their lives, their hopes and dreams crushed," Barbara Collura, CEO of RESOLVE: The National Infertility Association, said in a statement sent to Newsweek earlier this week. "This cruel ruling, and the subsequent decision by UAB's health system, are horrifying signals of what's to come across the country."
Some experts previously predicted that the overturning of Roe v. Wade could lead to IVF treatments being banned, especially in states that legally consider embryos to be "unborn children" with legal rights that are equal to children who have been born.
The Alabama ruling and a national push by conservatives to further restrict abortion access could be a liability for Republicans hoping to win elections in November.
Opinion polls have shown that a large majority of Americans support at least some abortion rights, while ballot initiatives to protect abortion have succeeded even in deep-red states like Kentucky and Kansas.
Democrats have seized on the opportunity, with President Joe Biden writing in a post to X, formerly Twitter, on Thursday that the ruling was "a direct result of Donald Trump ending Roe v. Wade."
What's Next?
In addition to Marshall's declaration, there have been indications that lawmakers in Alabama's GOP-controlled legislature are likely to pass legislation that would protect IVF treatments, with a number of prominent Republicans having already expressed support for the fix.
While IVF treatments may ultimately be spared in Alabama, the larger issue of reproductive rights is almost certain to play a major role in the coming elections. Abortion could be on the ballot in November in states including Arizona, Florida and Nevada—any of which could prove pivotal in deciding the winner of the presidential election.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
About the writer
Aila Slisco is a Newsweek night reporter based in New York. Her focus is on reporting national politics, where she ... Read more
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