The Alabama House of Representatives on Thursday morning will consider a bill to provide legal protections to in vitro fertilization clinics.

HB237, by Reps. Terri Collins, R-Decatur, and David Faulkner, R-Mountain Brook, comes in response to a Feb. 16 ruling by the Alabama Supreme Court that found that frozen embryos held in storage are considered unborn children under state law.

Several clinics that provide IVF services have put those services on hold because of the liability caused by the ruling, putting many families in a holding pattern.

Patients, doctors, and other advocates converged on the State House for a rally Wednesday to urge lawmakers to provide some immunity for clinics so that services can be restored.

HB237 says “no action, suit, or criminal prosecution shall be brought or maintained against any individual or entity providing goods or services related to in vitro fertilization except for an act or omission that is both intentional and not arising from or related to IVF services.”

Collins opened the debate Thursday morning by saying the bill is an agreed-upon bill that would achieve the purpose of allowing IVF procedures to resume.

Collins said the bill is not a long-term solution. Collins said she expects the Legislature to address the long-term solution within the next year. She said she expects work to start on that over the next few weeks.

The bill says the immunity would provide retroactively to “any act, omission, or course of services which are not the subject of litigation on the effective date of this act.”

Rep. Mark Gidley, a Republican from Etowah County, told Collins he was concerned that the bill comes as
“knee-jerk reaction” to the situation and said he wanted to make sure the controversy would not be used to weaken Alabama’s status as a pro-life state. Gidley said he wanted to be involved in discussions about any long-term solution. Gidley said it is important that the law recognize that frozen embryos are human life.

Rep. Mary Moore, D-Birmingham, said she disagreed with the court ruling that frozen embryos are unborn children. She said the controversy has brought to light the importance of protecting the IVF process because it helps many families who could not otherwise have children.

Rep. Laura Hall, D-Huntsville, asked Collins why some IVF clinics in the state have remained open. Collins said she did not know why some clinics have remained open while others have closed.

Hall asked Collins about the long-term solution.

“I know you’re coming with this Band-Aid today,” Hall said. “But there’s a big open wound out there that needs to be taken care of.”

Collins said it is conceivable the Legislature could, after her bill, need to revisit the issue again this year, possibly with a constitutional amendment that would be on the ballot in November. Again, Collins said the immediate purpose is to allow the clinics to resume helping families to give time to work on a permanent solution.

“This solution is for opening the clinics right away, and that’s what we’re trying to do,” Collins said.

Alabama House Democrats have proposed a constitutional amendment that would provide that embryos held in storage outside a woman’s uterus are not considered unborn children. That bill is not on the House calendar today.

This story will be updated.