The Alabama Supreme Court has given abortion opponents a victory by making a unique decision that acknowledges unimplanted human embryos as children.
The decision, made on Feb. 16, states that human life begins at fertilization and that unborn children are considered people for the state’s wrongful death law, regardless of viability. This means that the destruction of embryos can support a wrongful death lawsuit, according to the court.
This decision is considered to be the “most extreme” state court ruling on personhood so far, which may lead to in vitro fertilization becoming virtually inaccessible in Alabama. Additionally, it opens the door for anti-abortion groups to push for similar laws in other states.
Impact of the Decision
Reproductive rights advocate Katie O’Connor has expressed concerns that the decision in Alabama could lead to a noticeable impact on in vitro fertilization throughout the United States, much like how abortion became less accessible after the U.S. Supreme Court’s decision in Roe v. Wade. O’Connor has highlighted the priorities of anti-abortion groups by pointing out that they are also targeting assisted reproduction and contraception, not just abortion.
Responses to the Decision
Different groups have offered contrasting views on the Alabama Supreme Court’s decision. While some, such as the Alliance Defending Freedom, have celebrated the decision as a major victory, others, like the American College of Obstetricians & Gynecologists, have criticized the ruling, arguing that it could set a precedent for similar legislation in other states.
Impact on Wrongful Death Lawsuits
The decision also impacts wrongful death lawsuits, as two sets of parents whose in vitro embryos expired have sued a medical center based on the court’s decision. This ruling allows parents of deceased children to recover punitive damages, and it states that unborn children are included in that provision, regardless of their gestational stage or viability.
The decision also raises questions about the expansion of the Wrongful Death Act, as well as its impact on future cases and legislation in Alabama and beyond.