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Redefining Childhood: Alabama Supreme Court Rules Frozen IVF Embryos Are Children

In a shocking/not shocking ruling on February 16, 2024, the Alabama Supreme Court has stated that frozen embryos intended for possible in vitro fertilization use are, legally, children, and their destruction can be prosecuted under Alabama’s Wrongful Death of a Minor Act.  The 8-1 decision by the exclusively Republican nine-member Court allows couples whose frozen embryos were inadvertently removed from storage and allowed to deteriorate to sue a Mobile, Alabama fertility clinic for the wrongful death of their “children.”

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