Frozen embryos are persons in their own right, the Alabama Supreme Court ruled, and their destruction could be subject to criminal penalties. This decision, the first of its kind, could set a precedent and extend to other states, fear pro-choice organizations.
The heart of the question addressed by the highest court in this southern American state was whether a patient who accidentally spilled and destroyed frozen embryos could be held responsible for criminal negligence.
The Court decided that it did, arguing that it had long held that “unborn children are ‘children’” and that this was also true for frozen embryos. In doing so, it gives fertilized eggs the same protection as babies under the wrongful death of a minor law. “ [Cette loi] applies to all children, born or unborn, without limitations,” the court wrote.
The Supreme Court thus overturned the decision of a trial court whose conclusion was to the contrary.
“Great concern”
“This is another step in the march towards the status of ‘fetal person’,” worried Dana Sussman, of the organization Pregnancy Justice, as reported by the Washington Post. “All it takes is for one state to pave the way for others to feel less radical. This is a source of great concern. »
Court ruling could have nationwide implications for fertilization treatments in vitro. For example, providers might be more reluctant to offer it for fear of inadvertently destroying an embryo, said Karla Torres, a senior adviser at the Center for Reproductive Rights.
The justices dismissed these concerns, saying it was up to the Legislature to respond to this “political argument” and that they had a duty to provide legal protection to life without exception. Moreover, it is not clearly indicated whether the destruction of embryos would be permitted at any time – after a pregnancy carried to term, for example.
In the opinion of Kelly Baden, of the Guttmacher Institute, this recent decision shows to what extent the invalidation of the judgment Roe v. Wade, in 2022, gave lawmakers the power to restrict more than just abortion. “It remains to be seen how far states and courts can go,” she said.
Nationwide, at least 11 states have already defined “person” as beginning at the time of fertilization, according to Pregnancy Justice. However, never before has this definition been extended to frozen embryos, although anti-abortion organizations and legislators had already taken steps in this direction. On the federal scene, the United States Supreme Court must decide shortly whether there is reason to limit access to an abortion medication.
With information from Washington Post
What is fertilization in vitro ?
Fertilization in vitro (IVF) is an assisted reproduction technique to help couples having difficulty conceiving a child naturally. In the process, the woman’s eggs are collected and fertilized in the laboratory with sperm from the partner or a donor. The resulting embryos are then transferred to the woman’s uterus, where they can develop. Most of the time, only one embryo is transferred to the uterus – the others are frozen and stored for future transfer.