With its recent ruling in the case of LePage v Mobile Infirmary Clinic, the US Alabama Supreme Court decided that a frozen embryo is legally equivalent to a child. This has caused international outrage.

The American Society of Reproductive Medicine (ASRM) described the ruling as “medically and scientifically unfounded (1)”; and the American College of Obstetricians and Gynecologists (ACOG) (2) and fertility organisations in other countries (3) have condemned the decision.

ESHRE sees this ruling as wrongly conflating the moral and legal status of embryos with that of existing children.

As an organisation that promotes the provision of fertility treatment and seeks to advance science in this area, ESHRE believes that a frozen embryo is not morally the same as an existing child and, therefore, should not have the same legal status.

Any moves to give embryos this type of legal protection jeopardise the ability of fertility clinics to provide care and solutions to those who cannot conceive and who very much want to have their own family, including patients who may become infertile after cancer. The ruling also has repercussions for provision of reproductive healthcare in other settings.

The Alabama Supreme Court decision is part of a worrying global trend towards according embryos the same status as an existing person, a move that would see reproductive health services reduced significantly for many people.

Therefore, ESHRE adds its voice to the condemnation of this ruling. It hopes that those providing fertility treatment in the US and world-wide can continue to practise without legal restrictions based on ethically, scientifically, and medically unwarranted views on the moral status of the embryo.

References

1. ASRM 2024, ASRM CONDEMNS PROFOUNDLY MISGUIDED AND DANGEROUS COURT DECISION IN ALABAMA, February 18th, 2024. https://www.reproductivefacts.org/news-and-publications/fertility-in-the-news/asrm-condemns-dangerous-court-decision-alabama/
2. ACOG Statement on Alabama Supreme Court IVF Decision, February 21st, 2024. https://www.acog.org/news/news-releases/2024/02/acog-statement-on-alabama-supreme-court-ivf-decision?utm_source=redirect&utm_medium=web&utm_campaign=int
3. The Association of Reproductive and Clinical Scientists (UK), ARCS DENOUNCES “DANGEROUS PRECEDENT” COURT DECISION IN ALABAMA. February 23rd, 2024. https://www.arcscientists.org/arcs-denounces-dangerous-precedent-court-decision-in-alabama/