Political leaders, pro-IVF entities react to frozen embryo ruling

In the wake of the Alabama Supreme Court’s landmark decision last week to label frozen embryos as children, several political leaders and pro-IVF entities have responded.

U.S. Sen. Katie Britt said that IVF helps to start families.

“Make no mistake — defending life and ensuring continued access to IVF services for loving parents are not mutually exclusive.”

“My goal is for Alabama to be the best place in the world to live, work, worship, and raise a family,” Britt (R-Montgomery) said. “Ultimately, IVF helps create life and grow families, and it deserves the protection of the law. I’ll continue to advance a culture of life while ensuring moms and children have the opportunities and resources they need to thrive and live their American Dream.”

President Joe Biden released a statement on the decision, drawing comparisons between it and the overturning of Roe V. Wade.

“Today, in 2024 in America, women are being turned away from emergency rooms and forced to travel hundreds of miles for health care, while doctors fear prosecution for providing an abortion,” Biden said. “And now, a court in Alabama put access to some fertility treatments at risk for families who are desperately trying to get pregnant.

“The disregard for women’s ability to make these decisions for themselves and their families is outrageous and unacceptable.”

Mobile Infirmary, an affiliate of Infirmary Health, said Thursday it paused its in vitro fertilization. Effective Saturday, the Center for Reproductive Medicine at Mobile Infirmary is pausing IVF treatments to prepare embryos for transfer.

Mark Nix, president and CEO of Infirmary Health said, “the recent Alabama Supreme Court decision has sadly left us with no choice but to pause IVF treatments for patients. We understand the burden this places on deserving families who want to bring babies into this world and who have no alternative options for conceiving.”

In response to the ruling, State Sen. Tim Melson (R-Florence) has drafted legislation which categorizes embryos as unviable until they are implanted in a uterus.

“We all know that conception is a big argument that it’s life,” he said. “I won’t argue that point, but it’s not going to form into a life until it’s put into the uterus.”

He emphasized that as a result of the ruling, the IVF model of health care is in danger.

“Everything from the cost of insurance to flat out giving it up because it’s not worth it anymore,” he said.

Senator Tommy Tuberville spoke about the issue at CPAC on Thursday, initially saying that he was in favor of the court’s ruling.

“We need to have more kids. We need to have an opportunity to do that, and I thought this was the right thing to do,” Tuberville said.

Many believe that the halt on IVF treatments will actually cause a drop in the birthrate.

“Well, that’s, that’s for another conversation,” said Tuberville of the possibility. “I think the big thing is right now, you protect — you go back to the situation and try to work it out to where it’s best for everybody. I mean, that’s what — that’s what the whole abortion issue is about.”

Tuberville then pivoted and said women should indeed have access to IVF because “we need more kids, we need the people to have the opportunity to have kids.”

House Speaker Nathaniel Ledbetter said the ruling hurts couples who may require IVF assistance to have children.

“Alabamians strongly believe in protecting the rights of the unborn, but the result of the State Supreme Court ruling denies many couples the opportunity to conceive, which is a direct contradiction,” Ledbetter declared.

“The Legislature will soon consider a solution that preserves our Alabama values by empowering IVF clinics to continue assisting couples in bringing new life into the world.”

The University of Alabama at Birmingham, one of the leading providers of IVF in the South, has halted treatments for fear of legal consequences.

“We are saddened that this decision affects our patients’ chances of having a baby through IVF,” the university said in a statement. “However, we must consider the possibility that our patients and physicians could face criminal prosecution or punitive damages for adhering to the standard of care for IVF treatments.”

Barbara Collura, president and CEO of Resolve: The National Infertility Association, emphasized the cost of the decision.

“Less than a week after the Alabama Supreme Court’s devastating ruling, Alabamians in the midst of seeking treatment have had their lives, their hopes and dreams crushed,” Collura said. “We will continue to fight to maintain and increase access to care for the 1 in 6 adults nationwide who struggle with infertility.”

Austen Shipley is a staff writer for Yellowhammer News.