Alabama House, Senate pass protections for IVF after court ruling

The Alabama state House and Senate overwhelmingly passed legislation Thursday granting civil and criminal immunity to in vitro fertilization (IVF) patients and medical professionals.

Over nearly six hours of debate, lawmakers from both major parties raised dozens of objections to the proposals. However, lawmakers still passed each proposal.

Now, the House and Senate need to vote on a unified version of the legislation before sending it to Alabama Gov. Kay Ivey for a signature.

Thursday’s decision comes just weeks after the state’s Supreme Court ruled that embryos created through IVF can be considered children under the law.

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The bills are intended to protect IVF health professionals, doctors and patients from being prosecuted or having a civil suit brought against them.

Last week, Justices ruled that three couples who had frozen embryos destroyed in a mishap at a storage facility could pursue wrongful death claims for their “extrauterine children.” Justices also cited that the GOP-controlled Legislature and voters added to the Alabama Constitution in 2018 saying that the state recognizes the “rights of the unborn child.”

“Unborn children are ‘children’ … without exception based on developmental stage, physical location, or any other ancillary characteristics,” Justice Jay Mitchell wrote in the ruling.

This includes “unborn children who are located outside a biological uterus at the time they are killed.”

In the wake of the court’s ruling, multiple clinics that offer IVF care in Alabama halted all appointments indefinitely, including Alabama Fertility and the University of Alabama at Birmingham Health System.

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This latest move from the House and Senate put a measure protecting IVF on the fast track for a full vote in the state Legislature next Wednesday. 

It is expected to pass and be signed into law.

Fox News Digital’s Melissa Rudy contributed to this report. 

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