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Fertility health experts, local organizers talk IVF treatments in wake of Alabama ruling

Experts say they want to keep the public informed.

TOLEDO, Ohio — Since Roe v. Wade was overturned in 2022, reproductive rights have been top of mind for U.S lawmakers and the public. 

After the Alabama Supreme Court ruled frozen embryos could be considered children under state law, the legal ramifications of in vitro fertilization (IVF) treatments became a topic of conversation and debate nationwide as to who is held responsible in the event that a frozen embryo is destroyed or damaged. While the Feb. 16 ruling did not make IVF illegal in Alabama, it did make it legal to sue an IVF clinic. 

RELATED: Alabama Supreme Court ruling’s impact on IVF: What we can VERIFY

Since then, at least three IVF clinics paused treatments and the Save IVF campaign was created. Additionally, Alabama state lawmakers responded by passing Senate Bill 159 which provides civil and criminal immunity for death or damage to an embryo when providing or receiving services related to IVF. Alabama Governor Kay Ivey signed the bill. 

In Toledo, fertility health experts and local pro-life organizers stressed the importance of understanding IVF following Alabama's Supreme Court decision. 

Credit: IVF Michigan & Ohio Fertility Centers

"Science is not the enemy of the pro-life community," said Ed Sitter, Executive Director of Foundation for Life. "If we have certain technologies that enable us to foster and promote life, then we need to do this in a responsible way."

Dr. F. Nicholas Shamma, founder of the IVF Michigan Fertility Center said the original ruling made in February was impulsive, but he said he does not believe the ruling will impact the IVF community here in Ohio anytime soon.

RELATED: Michigan will become the last US state to decriminalize surrogacy contracts

Shamma speculated on the legal ramifications of a ruling in which a frozen embryo was considered a child, including the outcome of inheritance laws. 

"What if you have 15 (embryos) frozen: does that mean that it's a child and when you pass away, they will inherit something in the end?" asked Shamma. "It's a slippery slope you cannot consider something that is not yet life and consider it life. A seed is not a plant a seed is a plant if you put it in the dirt and it grows."

Both Shamma and Sitter said they believe the ruling highlights the importance of IVF education. They said that although Alabama's ruling will not affect Ohio directly, something like this could happen anywhere and they hope the public stays informed.

The CDC recorded up to two percent of babies in the U.S., or 4 million births per year, are a result of IVF. 

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