The law was suspended after the I.V.F. ruling
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MONTGOMERY, Ala. — Alabama lawmakers rushed to protect in vitro fertilization services Thursday after fertility clinics shut down in the wake of a state court ruling that frozen embryos are children under the state wrongful death law.
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Those on both sides of the abortion debate attributed the pause to fallout from the Alabama Supreme Court’s ruling that frozen embryos should be considered children.
Florida would be the 13th state that allows parents to get financial damages when a fetus dies. The bill says that the parents of an unborn child can be survivors in wrongful death cases.
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 would also 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. “It is important we get the policy right with an issue of 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.
Critics feared that it could affect fertility treatments and make it harder for families to have children, as the Florida bill does not mention I.V.F.
Mary Ziegler, a law professor at the University of California, Davis, and former teacher at the Florida State University, said that I.V.F. was a problem for the bill from the start. The degree of concern and backlash increased after the ruling. It turned into a huge fire, like a raging fire.
Reply to the Commentary on ‘The Case of Dobbs v. Jackson Women’s Health Organization’ by Ernie Yarbrough, J. Alito, and Lee Lee Ray
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The GOP was scrambling to distance themselves from the fruits of the court they had populated with glee only a few years earlier after the Supreme Court erased the constitutional right to abortion. The fact that religious doctrine lay at the heart of Justice Samuel Alito’s majority opinion in Dobbs v. Jackson Women’s Health Organization was perfectly clear, as I observed then. Rather than being a projection of a religious view of fetal life onto both the public and the Constitution, Dobbs is usually discussed today as a conservative power play.
Republican Rep. Ernie Yarbrough of Trinity tried unsuccessfully to put an amendment on the bill that would prohibit clinics from intentionally discarding embryos that are unused or after genetic testing.
This is important to a lot of people in this House. Understand, that once that is fertilized, it begins to grow, even though it may not be in a woman’s uterus,” Gidley said.
A Democratic lawmaker said the state, which has a stringent abortion ban with no exceptions for rape, has spent too much time interfering with the decisions of women.
Rep. Chris England, a Democrat from Tuscaloosa, said lawmakers may be able to provide a temporary solution through legislation but a long-term solution must address the 2018 constitutional amendment, which he said essentially established “personhood” for embryos.
More than 200 people filled the Statehouse on Wednesday to call for the restart of IVF services in the state. They showed how the ruling halted the path to parenthood for the babies created through IVF.
LeeLee Ray had eight miscarriages, one ectopic pregnancy and multiple surgeries before turning to surrogacy in hopes of having a child. She and her husband used a matching program to find a surrogate, but they can’t transfer their embryos to her because they can’t move them out of state.