Court Rules Embyros are Legally Children, Harming IVF Access.

A new Alabama ruling protects the rights of embryos and harms access to In Vitro Fertilization (IVF).

The Alabama state law protecting the rights of “unborn children” expands to include the rights of unborn children “located outside of the uterus.” This ruling can lead to the imprisonment of doctors who intentionally or accidentally mishandle embryos. Consequently, In Vitro Fertilization (IVF),  a common reproduction route taken by LGBTQ+ members, will become rare.

The overturning of Roe v. Wade in 2022 has made this decision possible. The overturning of Roe v. Wade grants states control over abortion laws, as opposed to abortion being a national fundamental right. Alabama then implemented a complete abortion ban, granting fetuses rights. Now, these rights expand to embryos.

Alabama Chief Justice Tom Parker makes the religious influence of this decision clear in saying, “Even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory.” 

This decision will have a detrimental impact on LGBTQ+ people who want to have children. The ruling states, “Chief Justice’s special concurrence does not dispute that this will lead to fewer newborn babies.” LGBTQ+ and straight people who face fertility issues utilize IVF as a tool to have children. Embryos are essential to IVF, and now the risk that comes with handling them will stop doctors from IVF altogether. 

The ruling takes this impact into account are believes “ending the creation, use, and destruction of frozen embryos is a good thing and that IVF technology has the potential for grave misuse.” Those who are morally against IVF claim it goes against “natural conception.” This rhetoric reinforces the idea that only people physically capable of giving birth should have biological children. This is harmful to not only LGBTQ+ people but anyone who faces fertility issues and still wants to have children.

This ruling which protects the rights of embryos has harmful effects on doctors, LGBTQ+ people, and Alabama citizens generally.