Alabama’s Supreme Court has ruled that frozen embryos are legally considered children under state law and are subject to legislation addressing the wrongful death of a minor.

The court’s majority decision, issued in response to a lawsuit brought by in vitro fertilization (IVF) patients, emphasizes that the law “applies to all unborn children, regardless of their location.”

The legal action stemmed from an incident in December 2020 when a patient removed frozen embryos from a cryogenic storage unit, causing their destruction.

The plaintiffs, IVF patients, filed lawsuits against the Center for Reproductive Medicine, alleging a violation of Alabama’s Wrongful Death of a Minor Act, which extends to unborn children.

Additionally, the plaintiffs claimed negligence on the part of the clinic and sought compensatory damages, The Hill reported.

However, they clarified that negligence claims would only be pursued if the courts determined that frozen embryos were not legally considered children.

The trial court, where the defendant filed a motion to dismiss, ruled in favor of the clinic. The court determined that a frozen embryo did not fit the “definition of a ‘person’ or ‘child.'”

Furthermore, the court denied the plaintiffs’ request for compensatory damages, citing established legal standards in Alabama.

Written by B.C. Begley