Sen. Tim Melson introduces bill shielding IVF clinics from lawsuits after Alabama embryo ruling
Clinics providing in vitro fertilization treatments will be immune from lawsuits under a bill introduced Tuesday in the Alabama Senate.
SB159, the bill from Sen. Tim Melson, R-Florence, shields IVF providers from both civil and criminal lawsuits and comes in response to the Alabama Supreme Court ruling determining that frozen embryos are “children” under state law.
Several IVF providers paused treatments amid concerns that they could face lawsuits when the court ruled three couples whose frozen embryos were destroyed could sue for wrongful death.
While State Attorney General Steve Marshall said Friday his office does not “intend” to prosecute IVF providers or families that have used the procedure to have children, those entities could still face civil liability.
Melson’s bill, which would apply retroactively, would ensure that IVF providers could not be sued civilly or criminally.
The legislation would automatically repeal in 2025.
The bill comes a week after House Minority Leader Anthony Daniels, D-Huntsville, introduced a bill 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.
House Bill 225, filed by Democratic Reps. Anthony Daniels, Prince Chestnut, Curtis Travis, Ontario Tillman, Pebblin Warren, would apparently protect in vitro fertilization following a ruling by the state Supreme Court.
Read Melson’s bill below: