How the reversal of Roe v. Wade led to the Alabama Supreme Court ruling that frozen embryos are children
An Alabama Supreme Court ruling has declared that frozen embryos should be considered as children, and those who destroy them can be held liable for wrongful death. This ruling showcases how the overturning of Roe v. Wade can impact the perception of embryos under state laws. The decision, which is the first of its kind in the US, was made in response to two lawsuits involving parents who allege that several frozen embryos were dropped and destroyed at a Mobile hospital. The court ruled that the destruction of the embryos falls under Alabama’s Wrongful Death of a Minor law, signaling a significant change in how embryos are legally viewed. This ruling may have broader implications in other states as the power to determine when life begins and regulate abortion access now rests with each state. Critics are concerned that this ruling could limit fertility treatments and access to abortion in Alabama. Legislative efforts are underway to draft ‘clarifying’ legislation that protects in vitro fertilization treatments in response to this ruling. Additionally, Democratic lawmakers at the federal level have introduced the Access to Family Building Act, aimed at safeguarding access to infertility treatments like in vitro fertilization.