On Monday, the U.S. Supreme Court declined to review an appeal by an Alabama fertility clinic seeking to dismiss a wrongful death lawsuit filed by a couple whose embryo was destroyed.
The decision leaves intact a February ruling by the Alabama Supreme Court to allow litigation against Mobile-based Center for Reproductive Medicine to proceed.
The couple sued the clinic in 2021 after a patient gained unauthorized access to the cryogenic storage area and damaged multiple embryos, including their last remaining viable embryo. The Alabama Supreme Court ruled that under the state’s Wrongful Death of a Minor Act, frozen embryos are considered children, granting the couple the right to seek damages.
The clinic argued that the ruling violated its due process rights and could expose IVF providers to liability. Alabama lawmakers and Governor Kay Ivey acted quickly in the 2024 legislative session to ensure protections against those liabilities. However, according to Reuters, the clinic told the U.S. Supreme court that despite its retroactive effect, the law does not protect it from the wrongful death suit.
The situation became charged politically earlier this year by Democrats, including President Joe Biden and Vice President Kamala Harris, in an attempt to augment perceptions about reproductive freedom ahead of the November general election. U.S. Senator Katie Britt and former President Donald Trump have thoroughly advocated for the protection of IVF as “pro-family” despite opposition by Democrats.
The U.S. Supreme Court’s decision not to intervene means the case will continue in an Alabama trial court. A hearing is scheduled for November 8 in Mobile County.
Grayson Everett is the state and political editor for Yellowhammer News. You can follow him on X @Grayson270
