In the past few days, I’ve been contacted by various news outlets to weigh in on the potential impacts of the legal rulings about embryos coming out of Alabama. Today, I joined host William Brangham, reporter Stephanie Sy, and legal expert Mary Ziegler on PBS Newshour to discuss the IVF Ruling.
For background: on Friday February 16, 2024, Alabama’s Supreme Court ruled that embryos (including frozen embryos) created through in vitro fertilization, or IVF, are legally children and thus protected. The designation of personhood could have significant repercussions for reproductive rights.
Embryos are precious
As a fertility specialist involved in helping individuals and couples on their journey to parenthood through assisted reproductive technology (ART), I work with a lot of patients who choose IVF to grow their families. Many of my patients are over the age of 35, and IVF has allowed them new options for growing families. I also work with patients who opt for donor eggs, donor sperm, and donor embryos as part of their fertility journey.
Here’s what I shared with Stephanie Sy on PBS News Hour:
“Embryos are precious cells. They’re very precious. They have the potential to turn into a baby, the potential. But an embryo is not a child, is not a baby. They have a chance to become one. But anyone who knows even the smallest bit about IVF knows that an embryo is a chance for a baby.
The concern here is that patients who are doing testing in Alabama, they might be forced to use embryos that they didn’t want to use. They might not be allowed to freeze embryos and they might have to transfer everything they have. It might change how you do IVF, where people will be freezing eggs and only creating embryos enough to transverse, they have none left over, or what we’re seeing now, IVF is going to halt completely.”
Each embryo represents hope and potential, but it’s essential to remember that they are not yet fully formed individuals. They should be protected, yes. They should be treated with care and respect, and been seen as little miracles.
A legal look at Alabama’s decision
Mary Ziegler, a legal scholar from UC Davis Law School, provided some thought-provoking insights into the broader legal context surrounding the Alabama Supreme Court’s decision. She pointed out how this ruling reflects the influence of the Christian legal movement, which sees the Constitution through a Christian lens. This shift could have implications not only in Alabama but potentially across the country, affecting how embryos are legally viewed and impacting individuals pursuing infertility treatment nationwide.
Ziegler’s analysis underscores the importance of understanding the broader implications of legal decisions on reproductive rights and infertility treatment. The recognition of embryos as legal persons could pose challenges for patients seeking fertility treatment, potentially limiting their options and autonomy in family-building decisions.
As a fertility specialist, I share Ziegler’s concerns about the potential impact of these legal changes on patients. It’s crucial to ensure that individuals undergoing fertility treatment have the freedom to make choices that align with their values and circumstances.
The concerns raised by Ziegler and that are shared on this PBS NewsHour story highlight the need for ongoing dialogue and advocacy to protect patients’ rights in the realm of reproductive medicine. By staying informed and actively engaging in discussions surrounding these issues, we can work together to ensure that individuals pursuing infertility treatment receive the support and autonomy they deserve.
Thank you for including me in this ongoing coverage about such an important issue!
