In a ruling that reads more like a theocrat’s sermon, the Alabama Supreme Court on Friday decided that frozen embryos — those created through in vitro fertilization — count as “children” under the state’s law.
The court’s decision specifically permits three couples whose frozen embryos were accidentally destroyed in a Mobile, Alabama, reproductive clinic to sue the facility for wrongful death. The potential consequences in the state and beyond are wide-reaching, confirming concerns of reproductive rights activists that, with Roe v. Wade dismantled, the far-right judiciary would strike blows against all aspects of reproductive health care.
“This Court has long held that unborn children are ‘children’ for purposes of Alabama’s Wrongful Death of a Minor Act,” wrote Alabama Supreme Court Justice Jay Mitchell in his opinion, concluding that “the Wrongful Death of a Minor Act applies to all unborn children, regardless of their location.”
The couples’ embryos were destroyed when another patient in the hospital tampered with an IVF freezer and dropped a number of trays. In a 7-2 decision, the court ruled that the couples can now sue the hospital for negligence under a wrongful death statute first passed in 1872, when “the wrongful death of a minor” had certainly not encompassed frozen, single-celled eggs. The ruling reverses an earlier judge’s decision to throw the case out.
