Back to the Future in Alabama

This perspective article explores the legal and ethical implications of a 2024 Alabama Supreme Court decision treating frozen embryos as children under wrongful death statutes. The author reviews the evolution of in vitro fertilization (IVF) practices, court precedents on embryo status, and conflicting state laws. The ruling may lead to civil and criminal liability for embryo loss and threaten IVF availability. It raises broader questions about personhood, reproductive autonomy, and medical malpractice, and warns that legal interpretations could undermine patient care and reproductive technologies across the U.S.

This perspective article explores the legal and ethical implications of a 2024 Alabama Supreme Court decision treating frozen embryos as children under wrongful death statutes. The author reviews the evolution of in vitro fertilization (IVF) practices, court precedents on embryo status, and conflicting state laws. The ruling may lead to civil and criminal liability for embryo loss and threaten IVF availability. It raises broader questions about personhood, reproductive autonomy, and medical malpractice, and warns that legal interpretations could undermine patient care and reproductive technologies across the U.S.