The U.S. Supreme Court has declined to review a controversial ruling by the Alabama Supreme Court that has raised concerns about the availability of in vitro fertilization services. The Alabama ruling allowed couples to pursue wrongful death lawsuits against fertility clinics over the accidental destruction of frozen embryos.
A fertility clinic and hospital had requested the U.S. Supreme Court to review the Alabama decision, which permitted a couple to sue them for the wrongful death of their frozen embryo. The justices, however, declined to comment on the petition.
The Alabama Supreme Court's decision in February caused a national uproar and raised worries about potential legal liabilities for fertility clinics. Following the ruling, several major fertility providers in Alabama temporarily halted their in vitro fertilization services. Subsequently, Alabama lawmakers passed immunity protections to shield clinics from future lawsuits, leading the providers to resume their services.
In August, the Center for Reproductive Medicine and Mobile Infirmary Medical Center filed a petition urging the U.S. Supreme Court to review whether the couple's lawsuit was permissible. The medical providers argued that the Alabama court's decision to allow the lawsuit contradicted constitutional protections of due process and fair notice rights.
The lawyers for the medical providers criticized the Alabama Supreme Court's interpretation, stating that the decision to consider an unimplanted, in vitro embryo as a 'minor child' was unprecedented and disrupted the long-standing understanding of the statute.
Meanwhile, the wrongful death lawsuit initiated by the couple is still ongoing. Two other couples involved in the initial case opted to drop their lawsuits after reaching settlement agreements.
