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Stanford Legal

Are Frozen Embryos Children? A Discussion of the Alabama Decision on Embryo Rights and the Future of IVF Pregnancies in the US

Feb 29, 2024
Discussing the Alabama Supreme Court ruling on frozen embryos as children, implications for IVF treatments, and legal complexities. Exploring bioethics, embryo rights, and reproductive freedoms. Hank Greely provides insights on the case and its nationwide impact, highlighting the intersection of law, medicine, and ethics.
34:37

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Quick takeaways

  • The Alabama Supreme Court decision classifying frozen embryos as children under state law impacts IVF practices and clinic liabilities.
  • The ruling's broader implications raise discussions on embryo rights and potential legislative responses to protect embryos.

Deep dives

Impact of Alabama Supreme Court Decision on Frozen Embryos

The Alabama Supreme Court ruled that frozen embryos created through in vitro fertilization can be legally considered children under state law. This decision resulted from wrongful death cases where frozen embryos were accidentally destroyed at a fertility clinic. The ruling was based on the state's wrongful death statute from 1872, expanding protections to include unborn children, including frozen embryos. The decision has significant implications for fertility treatment in Alabama, potentially increasing liability for clinics in cases of embryo destruction.

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