Alabama Democrats at odds over IVF fix: Will embryo ruling require a Constitutional Amendment?
Several Democratic lawmakers touted a bill Monday that would clarify that frozen embryos outside the human body cannot be considered human lives under state law.
That bill, if it becomes law, could restart IVF treatments paused since a controversial Alabama Supreme Court decision.
But one of their colleagues said on Twitter that reversing the ruling and restarting those fertility treatments could require a Constitutional Amendment that won’t be voted on until November.
Rep. Chris England, D-Tuscaloosa, said the personhood amendment that passed in 2018 broadly protects human life after fertilization, with no exceptions for rape, incest or in vitro fertilization.
“In my opinion, that will require us to pass a constitutional amendment creating an exception for embryos in an IVF clinic,” England posted Sunday night.
“If true, then that can’t happen until November when the amendment can be on the ballot for people to vote on whether or not to add that to our constitution.”
Efforts by AL.com to reach England for comment were not immediately successful on Monday.
House Minority Leader Anthony Daniels, D-Huntsville, introduced a bill last week that would make it clear that fertilized eggs or embryos stored outside the human body are not considered human lives for any purpose under state law.
At a press conference Monday, he said he consulted with fertility clinics and other groups who said they believed the bill would allow them to restart treatment paused last week following the Supreme Court decision.
“I’m proud of HB 225, which would immediately put a halt on the Alabama Supreme Court ruling that happened a couple weeks ago,” Daniels said. “Sadly, the court ruling that frozen embryos stored in a laboratory freezer are children is harmful to those hoping to build families, especially those using IVF.”
Daniels said he had heard from families hoping to create families through in vitro fertilization who had appointments postposed due to the uncertainty around the ruling.
On Friday, the chief counsel for the Alabama Attorney General’s office said Steve Marshall had no plans to prosecute IVF providers. However, the ruling concerned a wrongful death case, which means that clinics could still be held liable in civil court.
One of the co-sponsors, Rep. Prince Chestnut, D-Selma, said he hoped the bill could provide more clarity and allow treatments to restart.
“Due to this ruling, many fertility clinics in Alabama have now pause operations,” Chestnut said. “This has disrupted the lives of women and hopeful parents who use these treatments to start or expand their families.”
The proposed bill is only three pages long and is narrowly tailored to address the issue of whether frozen embryos stored outside the body could be considered children.
A majority of justice on the Alabama Supreme Court ruled they were, referring to them as extrauterine children. The ruling relied heavily on the language from the 2018 amendment.
Daniels said he hoped the bill could be heard by committee as early as this week.
Rep. Tim Melson, R-Florence, told the Alabama Reflector he planned to file a bill to protect in vitro fertilization. Daniels said Melson had not yet filed a bill.
Daniels said he hoped his bill could quickly restart treatment for families waiting in limbo since the ruling. A Constitutional Amendment would not go on the ballot until November and could potentially fail, he said.
“Families right now can’t wait until November,” Daniels said. “This bill helps people right now, immediately.”