Alabama Gov. Kay Ivey signs bill to protect IVF following controversial court ruling

UPI
Alabama Governor Kay Ivey signed legislation Wednesday night to protect the providers of in vitro fertilization from litigation. File photo courtesy of Alabama governor's office/UPI
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March 7 (UPI) -- Alabama Gov. Kay Ivey signed legislation Wednesday night to protect providers of in vitro fertilization from civil and criminal liability after the state's Supreme Court ruled last month that frozen embryos are children.

The Republican governor swiftly signed Senate Bill 159 after it was overwhelming passed Wednesday in the state's House 81-10 with 12 abstentions and and 29-1 in the state's Senate.

"The overwhelming support for SB159 from the Alabama legislature proves what we have been saying: Alabama works to foster a culture of life, and that certainly includes IVF," Kay said in a statement.

The bill was fast introduced and debated in the legislature under public pressure for lawmakers to act after the state's Supreme Court issued the controversial ruling on Feb. 16 that frozen embryos are children under Alabama law and are protected by the state's Wrongful Death of a Minor Act.

The case was brought before the court by three families whose frozen embryos were destroyed when they were inadvertently removed from their cryogenic nursery and dropped.

The ruling raised fears from in the state's vitro fertilization providers, half of which closed in response, as well as attracted criticism from civil rights and medical organizations.

Though the bill that passed Wednesday does not address the issue of embryos being consider children under the law, it prevents in vitro fertilization providers from litigation "for the damage to or death of an embryo."

Alabama Fertility, one of the clinics in the state who closed its doors following the court's ruling, celebrated the signing of SB 159 online, calling it "a solution" that has ended "19 days of uncertainty and 14 days of missed opportunities for our patients."

"To our patients -- you are our heroes," it said in a statement on Facebook. "We wouldn't be where we are without you standing up, telling your stories and letting the world know how important IVF treatments are for families in our state."

"What's next? Transfers and IVF starts this week and more pregnancies and more babies in Alabama. Let's get to work!"

The University of Alabama at Birmingham Department of Obstetrics and Gynecology said it will also move to restart its IVF treatments.

"UAB appreciates the Alabama legislature and Gov. Ivey for swiftly passing and signing a legislation that provides some protections and will therefore allow UAB to restart in vitro fertilization treatments," Dr. Warner Huh, chair of the department, said in a video message.

"While UAB is moving to promptly resume IVF treatments, we'll continue to assess developments and advocate for protections for IVF patients and our providers."