Alabama, Frozen Embryos, and the Law

Ed Mechmann
humanlifereview.com
2024-03-16

The recent decision by the Alabama Supreme Court on frozen embryos has gotten a lot of attention. Not all of the reactions, commentaries, and analysis have been well-founded. The result is more confusion about how the law works, what that means for unborn children, and what we as pro-lifers need to do.

What the Case is Not About

Let's be perfectly clear about what this case is not about and is not going to do. This is not "the case that will end abortion in the United States." The case cannot be appealed to the U.S. Supreme Court because it was entirely based on state constitutional and statutory grounds. There is no federal question involved, which means that the U.S. Supreme Court has no jurisdiction over the case.

The case arose from a very particular set of facts. A person wandered into the freezer area of an IVF clinic through an unsecured door. They took some embryos out of storage, but dropped them on the floor, killing them. The parents sued the clinic, arguing that it was negligent in protecting the embryos.

Here is how the Alabama Supreme Court framed the issue and stated its ruling:

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