Alabama IVF patients are running out of time
Describing the Cases of Infertility, Miscarrying, and Persistence of IVF Treatment: The Alabama Supreme Court’s February 16 Decision Hurts
After trying for nearly a year to have a baby, Lochrane Chase started in August with in-house fertility treatments like ovarian stimulation, which can be used less intrusively to get pregnant. The 36-year-old Birmingham native was able to freeze and store over two dozen embryos, of which several appeared viable after genetic screening. An embryo transfer in October resulted in a pregnancy, but Lochrane miscarried a few days later. She says it was the worst thing she had ever been through. In December, she tried again and lost her baby.
WIRED spoke with three women directly affected by the Alabama Supreme Court’s February 16 ruling, which stated that embryos are “unborn children … without exception based on developmental stage, physical location, or any other ancillary characteristics.” Fearing legal liability given the broad scope of the language, several of the state’s most prominent IVF providers—including the University of Alabama at Birmingham, Alabama Fertility, and the Center for Reproductive Medicine at Mobile Infirmary—have paused treatments. Some patients are stuck in limbo and in some cases running out of options because of that.
“I’m losing time very quickly”, says Melissa. The woman has a disease that makes her infertile and she has a short time to try to have another baby because her ovarian reserves are low. She may not be able to have another chance if the ruling is for a long time.
During fertility treatment, hormones are used to release mature eggs. The eggs are then retrieved with a small needle and fertilized with sperm in a lab to form embryos. Doctors usually only transfer one or two babies into the uterus at a time when there’s a successful IVF cycle. Success isn’t promised; about one in three embryo transfers results in pregnancy.
Lochrane had surgery in February to address fluid in her lining, as well as having a transfer scheduled for March 18 because of the same issue. She began taking necessary hormones in hopes that the situation would be resolved by then, despite uncertainty caused by the ruling. She will be left with nothing if the medications were not for nothing.
The Florida State Legislature Suspends a Bill to Protect a Fetus from a Final Final F.E.T. Ruling
If it moves ahead, the bill would add Florida to the ranks of about a dozen other states that allow parents to receive financial damages in some instances when a fetus has died. A bill says that in wrongful death cases parents of unborn children are considered survivors and can file a lawsuit.
But in recent weeks, Democrats and others warned that the bill amounts to “fetal personhood,” assigning full rights of a person to a fetus. They said it would endanger doctors and anyone who assisted women in getting an abortion and adversely affect fertility treatments.
“Although I have worked diligently to respond to questions and concerns, I understand there is still work that needs to be done,” Senator Erin Grall, a Republican from Vero Beach and the bill’s sponsor, said in a statement. We need to get the policy right with this significance.
The Alabama ruling prompted abortion opponents like former President Donald J. Trump and several Republican governors to underscore their support for I.V.F.
Though the Florida bill does not mention I.V.F., critics feared that it could affect fertility treatments and make it harder for families to have children.
“It’s fair to assume that I.V.F. was a problem for this bill from the jump,” said Mary Ziegler, a law professor and historian at the University of California, Davis, who used to teach at Florida State University. The degree of backlash and concern increased after the ruling. It’s kind of like it turned into a firestorm.”
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