this post was submitted on 19 Feb 2024
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In a theology-heavy ruling, the Alabama Supreme Court will allow a couple to sue for the "wrongful death" of their frozen embryos obtained through IVF.

The Alabama Supreme Court ruled Friday that frozen embryos are children, which pro-choice rights groups have warned could have dangerous implications for fertility treatments such as in vitro fertilization.

The Alabama Supreme Court on Friday reversed Mobile County Circuit Court Judge Jill Parrish Phillips’ decision to dismiss a lawsuit in which a couple sued an Alabama fertility clinic and hospital for the “wrongful death” of their frozen embryos in a ruling that was riddled with theology. The couple’s frozen embryos were destroyed after a hospital patient who accessed the freezer that held the embryos dropped them on the floor. The ruling means that the couple can sue for wrongful death.

“[T]he Wrongful Death of a Minor Act is sweeping and unqualified. It applies to all children, born and unborn, without limitation,” the ruling said. “It is not the role of this Court to craft a new limitation based on our own view of what is or is not wise public policy. That is especially true where, as here, the People of this State have adopted a Constitutional amendment directly aimed at stopping courts from excluding ‘unborn life’ from legal protection.”

The ruling pointed to the Alabama Constitution Section 36.06, which argues that each person was made in God’s image, meaning each life has an incalculable value that “cannot be wrongfully destroyed without incurring the wrath of a holy God.”

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[–] Angry_Zombie@lemmy.world 47 points 8 months ago (3 children)

So the embryos should be released because they're children being held prisoner without trial? No one can legally store embryos?

[–] vexikron@lemmy.zip 33 points 8 months ago* (last edited 8 months ago)

Time for child protection to raid IVF freezers.

So yeah IVF wont exist in Alabama in a few years.

EDIT: Welp, its now a few /days/ later and major hospitals and clinics in AL are already cancelling their IVF programs.

[–] Ranvier@sopuli.xyz 17 points 8 months ago* (last edited 8 months ago)

They're being abused too! A child shouldn't be stuck in a freezer! If anything that person that accidentally let them out of the freezer is a hero who rescued ten kids!

It's almost like, here me out here, embryos and children are different.

[–] fluxion@lemmy.world 14 points 8 months ago

And freezing them like that is child abuse