Reproductive policy fights renew the focus on IVF

An Alabama Supreme Court decision legally recognizing frozen embryos as children has reignited concerns and confusion about the future of fertility treatments including in vitro fertilization, with both sides recognizing the broader impact of the case.

The court on Friday ruled that frozen embryos — which are used in IVF — are considered unborn children. Alabama voters amended their state constitution in 2018 to give personhood rights to fetuses, and the court decision clarified that that language extends to frozen embryos.

The ruling could have an impact well beyond abortion.

“One thing is certain: this ruling has profound implications far beyond Alabama’s borders,” said RESOLVE: The National Infertility Association in a statement, saying the new decision “may make it impossible to offer services like IVF.”