Two prominent embryo shipping companies have temporarily suspended operations in Alabama following a recent ruling by the state’s Supreme Court, which deemed embryos conceived through in vitro fertilization as children. This decision is expected to complicate access to IVF treatments for patients in Alabama, potentially even when seeking care out of state.
According to a report by The New York Times, Cryoport, a leading provider of embryo shipping services, notified fertility clinics in Alabama of its decision to halt shipments into and out of the state until the implications of the court ruling are better understood. The company expressed the need for further clarity on the ruling’s impact on its operations before resuming activity in Alabama.
Similarly, another major embryo shipping company, Reprotech, is reported to have suspended shipping to and from Alabama, as indicated by a source familiar with the matter. However, attempts by The New Republic to confirm this information with both Reprotech and Cryoport remained unanswered at the time of reporting.
Despite these suspensions, IVF CRYO, led by CEO Don Fish, has committed to continuing its services in Alabama despite acknowledging the heightened legal complexities and risks associated with the recent ruling.
The ruling by the Alabama Supreme Court, which is only a week old, has already had significant repercussions on the state’s fertility industry. By recognizing embryos as children under the Wrongful Death of a Minor Act, the court has placed fertility clinics and medical professionals at risk of legal consequences, particularly given the inherent uncertainties of the IVF process where not all embryos survive.
Consequently, several fertility clinics in Alabama have ceased offering IVF treatments to avoid potential legal liabilities. This includes notable institutions such as the University of Alabama at Birmingham’s medical school, which announced a temporary halt to IVF treatments, along with other clinics like the Center for Reproductive Medicine and Mobile Infirmary Medical Center, and Alabama Fertility Specialists.
While patients still have the option to transfer their embryos out of state for IVF treatment, the uncertainty surrounding the operations of shipping companies poses a significant challenge. This leaves many Alabama IVF patients with limited options, despite their substantial investments of time, resources, and personal health in the fertility treatment process.
Barbara Collura, President and CEO of Resolve: The National Infertility Association, expressed deep concern over Cryoport’s decision and criticized the state Supreme Court for its ruling. She emphasized the distressing impact on patients whose family-building aspirations are now on hold due to the court’s disregard for scientific understanding, leaving many Alabamans grappling with the consequences of this ruling.
