Alabama lawmakers are moving quickly to protect fertility clinics in the state after a recent ruling by the Alabama Supreme Court classified frozen embryos as legally equivalent to children, resulting in the halting of in vitro fertilization services. The bills passed by both chambers of the Alabama Legislature aim to shield clinics from prosecution and civil lawsuits, providing a temporary fix while lawmakers consider further action. The legislation, which received broad bipartisan support, would protect providers from criminal and civil liability related to the "damage to or death of an embryo" during IVF services.

The ruling by the Alabama Supreme Court in mid-February allowed three couples who had frozen embryos destroyed in an accident to pursue wrongful death lawsuits for their "extrauterine children," causing major providers to pause IVF services. The decision raised concerns about civil liabilities for clinics, prompting lawmakers to take action to keep clinics open and families moving forward.

The legislation passed with overwhelming support, but some lawmakers, including Democratic Rep. Barbara Drummond, expressed concerns about the state interfering with women's bodies. Democratic lawmakers in the Alabama Senate attempted to amend the bill to clarify that a human embryo outside a uterus cannot be considered an unborn child or human being under state law, but the amendment was blocked by Republicans.

The bill now moves to the Alabama State Senate for a vote before potentially reaching Governor Kay Ivey's desk for approval. If signed into law, the legislation would provide legal protections for IVF providers and services, except for intentional acts of omission unrelated to IVF services. The bill aims to address the legal uncertainty created by the Supreme Court ruling and ensure that IVF services can continue in Alabama.