Washington: US President Joe Biden on Thursday criticized the Alabama Supreme Court’s ruling that frozen embryos are children, a decision that led IVF clinics in the state to halt operations because of their increased exposure to wrongful-death lawsuits.
Two clinics have released statements announcing the hiatus, and news of a third is forthcoming.
“Ignoring women’s ability to make these decisions for themselves and their families is outrageous and unacceptable,” Biden said in a statement.
The breaks come days after the Alabama Supreme Court ruled in a lawsuit against a fertility clinic under the state’s 1872 wrongful-death law.
The lawsuit was filed by three couples whose frozen embryos were destroyed by a patient who “managed to wander” into the cryogenic nursery where they were stored and accidentally dropped several of them on the floor.
A lower court ruled that frozen embryos could not be considered a “person” or a “child” and dismissed the wrongful death claim.
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But the Alabama Supreme Court disagreed in a 7-2 decision last week, saying “the wrongful death statute applies to all unborn children without limitation.”
“It applies to all children, born and unborn,” Judge Jay Mitchell wrote in an opinion peppered with Bible quotes.
“The people of Alabama have declared it the public policy of this state that unborn human life is sacred,” Mitchell added, referring to the conservative state’s near-total abortion ban.
The University of Alabama at Birmingham and the Center for Reproductive Medicine at Mobile Infirmary quickly announced pauses in IVF procedures in the wake of the decision, with a third, Alabama Fertility in Birmingham, reportedly following suit.
Mark Nix, President and CEO of Infirmary Health, said, “Unfortunately, the recent decision by the Alabama Supreme Court has left us with no choice but to suspend IVF treatment for patients. We understand the burden this places on deserving families who want to bring children into it.” world and who have no alternative conception options.”
Alabama is one of about two dozen states that banned or restricted access to abortions following a 2022 US Supreme Court decision that struck down the constitutional right to the procedure.
Experts say the final ruling sets the final word on personhood issues and paves the way for far-reaching implications for other areas of reproductive health, including in vitro fertilization.
“Make no mistake: this is a direct result of overturning Roe v. Wade,” Biden said, referring to the legal case that previously protected abortion as a national right.
Vice President Kamala Harris joined Biden in criticizing the decision as an attack on women’s reproductive rights.
“The irony of it all is that on one hand these advocates are suggesting that an individual and a woman have no right to terminate an unwanted pregnancy, and on the other hand they have no right to become pregnant,” Harris said in Grand Rapids, Michigan, as part of her ongoing Fight for Reproductive Freedoms tour.
Democrats have made protecting abortion rights one of their signature issues ahead of the November election, where Biden faces a tough fight against his likely Republican rival, former President Donald Trump.
