Marshall 'has no intention' of prosecuting IVF clinics, families after ruling

Marshall ‘has no intention’ of prosecuting IVF clinics, families after ruling

Alabama Attorney General Steve Marshall’s office “has no intention” of prosecuting IVF clinics or families who use the procedure to have children following the state Supreme Court ruling determining frozen embryos are “children” under state law.

“Attorney General Marshall has no intention of using the recent Alabama Supreme Court decision as a basis for prosecuting IVF families or providers,” Katherine Robinson, chief counsel in Marshall’s office, said in a statement issued Friday.

While the state says it has no plans to prosecute IVF providers or families, those entities could still be held liable for wrongful death in civil suits as a result of the Alabama Supreme Court decision.

The ruling has also had a chilling effect on IVF operations in Alabama, with several fertility clinics announcing a pause on embryo creation and transfers in the wake of the supreme court ruling.

Meanwhile, lawmakers in Alabama have proposed bills that would clarify the legal status of frozen embryos to protect access to IVF in the state.