The IVF sky is not falling

The IVF sky is not falling

The recent Alabama Supreme Court ruling regarding IVF will be quickly addressed, will ultimate not threaten IVF and has nothing to do with the Dobbs decision. 

What you are hearing is the Democratic spin machine misleading America.

What the Democrats ignore is the key question: what rights, if any, does an unborn human have when, if ever?

An embryo is a group of cells that results from the repeated division of the zygote, the fertilized egg. 

In vivo, with normal development,  the embryo migrates and implants into the uterus where it further grows and develops into a fetus and then ultimately into a baby. 

Technology has developed that allows embryos to be created outside of the body. These in vitro embryos have become an important and critical component that allows some people that are not capable of conceiving to have a baby. These in vitro embryo embryos are frozen and then can be used later to implant into a uterus to lead to a baby. 

An IVF clinic in Alabama allowed an unauthorized person to access and destroy some frozen embryos. 

The couple that had provided the egg and sperm and funding to form the destroyed embryos and that had intended to use one or more of the destroyed embryos to be be implanted to lead to a baby sued the IVF clinic for wrongful death of a minor. 

Alabama’s Wrongful Death of a Minor Act

Alabama's Wrongful Death of a Minor Act first enacted in 1872, allows the parents of a deceased child to bring a claim seeking punitive damage when the death of a minor child is caused by the wrongful act, omission, or negligence of any person. The Act did not define

either "child" or "minor child.

In 2011 Alabama’s Supreme Court but this Court held in Mack v. Carmack, 79 So. 3d 597 that an unborn child qualifies as a "minor child" under the Act, regardless of that child's viability or stage of development.

Last week the Alabama Supreme Court held that a frozen embryo qualifies as an unborn child.

The Governor of Alabama as well as many of the Legislators in Alabama have indicated that they do not agree with the Court’s ruling and are developing legislation to remedy the situation. 

What you are hearing from Democrats is an organized effort to mislead Americans on the issue. 

This has nothing to do with the Dobbs decision on abortion. It has to do with Alabama’s preexisting laws regarding wrongful death of a minor.

Republicans do not want to end IVF. With the exception of an extremely small number of people who believe life begins at conception, Republicans do not oppose IVF and in fact there is complete agreement by Republican leaders that IVF should not be prohibited. 

What the Democrats ignore is the key question: what, if any, rights does an unborn human have when, if ever?

The Alabama Supreme Court’s position that an in-vitro embryo is an unborn child will be modified when the Alabama legislature clarifies the law. 

Clearly there are many who highly value their in-vitro frozen embryos and/or the IVF process as a path toward pregnancy. How should their frozen embryos be valued by society and the courts.

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