The Alabama Supreme Court opinion holding that embryos are children, explained
Supreme Court,Healthcare,Pregnancy,Roe V Wade
The moment the US Supreme Court released its decision overruling Roe v. Wade, pretty much everyone who closely follows constitutional law wondered which rights would be next on the chopping block. Justice Clarence Thomas stoked these fears with a concurring opinion calling for the Court to “reconsider” the rights to contraception, marriage for same-sex couples, and the right to choose who you have sex with (and whether those sexual partners share your gender). Justice Brett Kavanaugh, meanwhile, published his own concurrence claiming many of these rights were safe.
In Alabama, at least, it now appears likely that the right to conceive a child through in vitro fertilization will be the next to fall.
On Friday, that state’s Supreme Court released an opinion holding that frozen, fertilized embryos stored in a cryogenic facility count as a “child” under the state’s law permitting lawsuits while a child is killed. As the Medical Association of the State of Alabama warned the state’s justices before they handed down this decision, this decision is likely to “substantially increase” the cost of a common fertility treatment pursued by many parents who have trouble conceiving. Indeed, it could make these costs “prohibitive” (or, at least, even more prohibitive than they already are).
Related Coverage
AllSides Picks
Headline Roundup
Elon Musk Responds to Potential Democratic Investigations After Midterm Elections
October 23rd, 2026
Headline Roundup
Descendants of Native American Chief Renew Push to Restore NFL Team Name, Logo
October 22nd, 2026
Bias
Media Bias Alert: Are OB-GYNs Fleeing Idaho Because of Abortion Bans?
Emily Allen
October 23rd, 2026
Opinion
Are Fake Polls Good for Democracy? Not By Themselves
Evan Wagner
October 23rd, 2026
More News about Supreme Court
News from the Left
News from the Center
News from the Right
CNBC