Trump calls on Alabama legislature to 'act quickly' to protect IVF pregnancies following state court's ruling that frozen embryos count as 'unborn children'

 February 24, 2024

The Alabama Supreme Court recently issued a particularly consequential decision in which it was determined that frozen embryos constitute an "unborn child" under state law, and thus enjoy the same rights and protections as any other human being.

Amid the controversy that erupted over that ruling, particularly concerns that it would scare everyone away from the in vitro fertilization process, or IVF, former President Donald Trump has now called on Alabama's legislature to swiftly address the issue and preserve the "miracle of life" that is IVF, Breitbart reported.

The timing of Trump's response to the matter is key, as Democrats were quick to cast blame on him and his allies for the Alabama court's decision and the possible negative fallout for IVF pregnancies going forward.

Trump urges Alabama legislature to quickly find a solution to protect IVF

In a lengthy Truth Social post on Friday, Trump wrote, "Under my leadership, the Republican Party will always support the creation of strong, thriving, healthy American families. We want to make it easier for mothers and fathers to have babies, not harder!"

"That includes supporting the availability of fertility treatments like IVF in every State in America," he continued. "Like the OVERWHELMING MAJORITY of Americans, including the VAST MAJORITY of Republicans, Conservatives, Christians, and Pro-Life Americans, I strongly support the availability of IVF for couples who are trying to have a precious baby."

"Today, I am calling on the Alabama Legislature to act quickly to find an immediate solution to preserve the availability of IVF in Alabama," Trump said.

"The Republican Party should always be on the side of the Miracle of Life -- and the side of Mothers, Fathers, and their Beautiful Babies," he added. "IVF is an important part of that, and our Great Republican Party will always be with you, in your quest, for the ULTIMATE JOY IN LIFE!"

Court ruled that frozen embryos count as "unborn children" under state law

According to CNN, the Alabama Supreme Court's ruling on frozen embryos constituting an unborn child stemmed from a 2020 incident at a fertility clinic in Mobile in which a patient gained unauthorized access to said frozen embryos and destroyed them by dropping the cryogenically frozen vials on the floor.

The would-be parents of those destroyed embryos sued the clinic for wrongful death, only for their claim to be dismissed by a district court. However, on appeal, the Supreme Court reversed the lower court and determined that "extrauterine children," the term for unborn babies "located outside of a biological uterus at the time they are killed," were in fact "children" that were covered under the state's Wrongful Death of a Minor statute.

It was also noted that Alabama's Constitution had been amended in 2018 to include protections for the unborn, and per CNN, the majority concluded that it didn't particularly matter whether that "unborn life is physically in or out of a uterus."

Legitimate concerns raised following court's ruling

The CNN article went on to document some of the outrage and concerns that were raised in response to the Alabama Supreme Court's ruling, especially a fear that this new potential liability for the prospective lives of frozen embryos would serve to frighten doctors and patients away from attempting IVF pregnancies.

The outlet cited critics who warned of "skyrocketing" liability costs and "prohibitive" prices for fertility treatments, and how clinics and parents would be discouraged from pursuing IVF if they believed they'd be held liable for unsuccessful pregnancies or would have to pay the costs to keep unused embryos frozen in perpetuity.

Indeed, in a dissenting opinion, Alabama Justice Greg Cook wrote, "No rational medical provider would continue to provide services for creating and maintaining frozen embryos knowing that they must continue to maintain such frozen embryos forever or risk the penalty of a Wrongful Death Act claim," and added, "There is no doubt that there are many Alabama citizens praying to be parents who will no longer have that opportunity."

If, however, the Alabama legislature follows former President Trump's advice and passes a bill to protect the IVF process, some or all of those concerns can be mitigated or even eliminated altogether.

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