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Morning Briefing

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Thursday, Feb 22 2024

Full Issue

Different Takes: Has Alabama's 'Personhood' Ruling Destroyed IVF Options?

Opinion writers examine the possible aftermath of the Alabama IVF ruling.

The聽Alabama Supreme Court鈥檚聽ruling on聽Friday聽will transform infertility care across the state, potentially setting the stage for a ruling that聽a fetus or even an embryo聽outside the womb聽holds constitutional聽rights. The ruling is a reminder of how important聽fetal personhood聽is becoming for both the antiabortion movement and the Republican Party 鈥 and of its potentially drastic consequences. In the United States today, recognizing the value of an embryo or fetus sets a precedent that no state can permit access to abortion 鈥 and that anyone who chooses abortion may be committing a crime. (Mary Ziegler, 2/21)

In Alabama, the state Supreme Court last week ruled that frozen embryos are children and have the same legal rights as other 鈥渦nborn children.鈥 Justice Greg Cook, who offered a dissenting opinion, wrote that the decision 鈥渁lmost certainly ends鈥 IVF in Alabama. This is an unjust ruling that takes away a reproductive right from women. (Michael Frerichs, 2/22)

We have been unsure about when or how we wanted to grow our family again, but this astounding court decision may have drastically limited our options moving forward. By conferring personhood status on our last frozen embryo, these seven judges have made us wonder if we can be charged with murder if we try to implant it but the pregnancy does not succeed. (Brittany Stuart, 2/22)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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