One Alabama fertility clinic says ‘law falls short,’ will not yet resume IVF

One Alabama fertility clinic says ‘law falls short,’ will not yet resume IVF

The Center for Reproductive Medicine in Mobile will not yet restart in vitro fertilization procedures, citing shortcomings in a law signed Wednesday night by Gov. Kay Ivey intended to shield doctors from legal liability, a spokesperson said.

“At this time, we believe the law falls short of addressing the fertilized eggs currently stored across the state and leaves challenges for physicians and fertility clinics trying to help deserving families have children of their own,” said Hannah Peterson, a spokeswoman for Infirmary Health, in an emailed statement.

The statement said the center would not restart procedures until it receives legal clarification on the extent of the immunity provided by the new law. Meanwhile, both UAB and Alabama Fertility in the Birmingham area announced plans to restart IVF treatment in the coming days after the state passed a law aiming at shielding IVF clinics from legal liabaility.

The confusion follows a surprise decision of the Alabama Supreme Court on Feb. 16 that found frozen embryos should be considered children under the state’s wrongful death law. The decision reffered to them as “extrauterine children” several times throughout the ruling.

At least three fertility clinics paused services in response to the ruling. Fertility treatment may leave patients with excess embryos. Some worried the ruling would require permanent storage or implantation of all embryos, regardless of viability. Others raised concerns that clinics could be sued whenever embryos didn’t survive the thawing and transfer process.

On Wednesday night, Gov. Kay Ivey signed a bill that would give immunity to doctors performing fertility treatment. Both the governor and lawmakers conceded that the bill might not solve all the problems related to the court’s decision. However, the hoped it could restart treatment while the state weighed more permanent solutions.

“IVF is a complex issue, no doubt, and I anticipate there will be more work to come, but right now, I am confident that this legislation will provide the assurances our IVF clinics need and will lead them to resume services immediately,” Ivey said in a statement this week.

The Center for Reproductive Medicine and Infirmary Health was named in the original lawsuit brought by families who lost embryos when an unauthorized person entered the storage area. After the ruling, another family filed a wrongful death suit against the clinic.