New Alabama Law Will Protect IVF Providers

Facts

  • The Republican-majority Alabama state legislature Wednesday passed a bill — 81-12 in the House and 29-1 in the Senate — to protect providers of in vitro fertilization (IVF) treatments from civil and criminal liability. Republican Gov. Kay Ivey then signed the bill into law.1
  • In a statement explaining her approval of Senate Bill 159, Ivey said she was 'pleased' to sign a bill that will help 'couples in Alabama hoping and praying to be parents... grow their families through IVF.'2
  • The bill was created in response to last month's Alabama Supreme Court ruling that said frozen embryos created during IVF are protected by the same laws as children, potentially opening up IVF providers to civil and criminal penalties.3
  • Under this new law, doctors, clinics, and other health care providers involved in IVF treatments can't be sued or face criminal prosecution.3
  • Many clinics had reacted to the state Supreme Court ruling by pausing their IVF services. But after the law was signed, many resumed providing IVF, including the University of Alabama at Birmingham.4

Sources: 1The New York Times, 2FOX News, 3Newsweek and 4NPR Online News.

Narratives

  • Republican narrative, as provided by Daily Caller. This is a complex issue, but Republican lawmakers have managed to pass a bill that gives assurances to IVF providers that they won't face unfair scrutiny if things go awry, and recipients of IVF are now free to pursue the family's they desire. The Supreme Court's ruling that embryos enjoy personhood can be addressed at a later date.
  • Democratic narrative, as provided by NBC. The protection provided by this law will play an important role in giving IVF providers confidence, and it's great that many of these providers have decided to restart the service. But the personhood issue is still on the table, and as long as embryos could be afforded the same rights as children, there'll always be a chilling effect. Lawmakers must rebuke the Supreme Court.

Predictions