A celebration took place at Alabama Fertility in Birmingham, Alabama, with a champagne toast, to mark the return of in vitro fertilization procedures. This joyous occasion came just one day after the Alabama legislature passed legislation to safeguard IVF services.
Nearly half of Alabama’s clinics had temporarily halted procedures following a contentious ruling by the state’s Supreme Court last month. The ruling deemed frozen embryos as legally recognized children.
Alabama Fertility wasted no time taking advantage of the new legislation signed into law by Alabama Gov. Kay Ivey, as they performed three embryo transfers just hours after the law was enacted.
Dr. Mamie McLean of Alabama Fertility expressed her excitement about seeing patients, describing it as incredibly exciting. She shared that during their interactions, they were able to discuss IVF care, create timelines, and witness lots of smiles, hope, and optimism.
Cody Carnley and his partner were devastated when their plans for an embryo transfer at the clinic were abruptly canceled due to a recent court ruling. The couple, who already have a toddler through IVF, had been eagerly looking forward to expanding their family.
Carnley told CBS News that they are hopeful about the transfer taking place at the end of March or the beginning of April.
Reproductive rights advocates argue that the law, while a quick solution, is expected to encounter legal challenges as it does not directly tackle the court’s ruling.
Democratic Senator Tammy Duckworth of Illinois expressed her dissatisfaction with the Alabama law, stating that it falls short of what is needed.
After the ruling, Duckworth took action by reintroducing a bill that aims to provide federal protection for IVF services. As someone who personally experienced the benefits of this procedure, having both her daughters through IVF, she is passionate about ensuring that others have access to these services and are also protected under the law.
Duckworth and Sen. Patty Murray of Washington introduced the Access to Family Building Act in 2022. This legislation aims to establish federal protections for IVF access across the country, superseding any state-imposed restrictions.
In 2022, Duckworth made an effort to bring the legislation to a vote through unanimous consent. However, Senate Republicans blocked the vote, as opposition from just a single lawmaker can halt the process.
Senate Republicans once again blocked the vote last month when Duckworth made a second request for unanimous consent.
During an interview with CBS News, Duckworth criticized the Alabama law, highlighting its failure to address the fundamental question of whether a fertilized egg should be considered a human being. She pointed out that the law does not acknowledge the concept of an “extrauterine child” with rights that may surpass those of the pregnant person. In essence, the law falls short in providing a comprehensive solution to this complex issue.
