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Re: Alabama court ruled frozen embryos are children. Experts explain potential impacts to IVF treatment.
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Jethro
Feb 21, 2024, 4:52:37 AMFeb 21
to
On 31 Mar 2022, pothead <pothe...@gmail.com> posted some
news:t24ma3$3cj91$3...@news.freedyn.de:
> Good news. This decision will have a wide impact on the liberal nut
> communitities.
The Alabama Supreme Court ruled last week that frozen embryos created
through in vitro fertilization, or IVF, are considered children under
state law and are therefore subject to legislation dealing with the
wrongful death of a minor if one is destroyed.
"The Wrongful Death of a Minor Act applies to all unborn children,
regardless of their location," the opinion states, including "unborn
children who are located outside of a biological uterus at the time they
are killed."
The immediate impact of the ruling will be to allow three couples to sue
for wrongful death after their frozen embryos were destroyed in an
accident at a fertility clinic.
But this first-of-its-kind court decision could also have broader
implications.
"No court — anywhere in the country — has reached the conclusion the
main opinion reaches," Justice Greg Cook wrote in his dissenting opinion
in the case, adding that it "almost certainly ends the creation of
frozen embryos through in vitro fertilization (IVF) in Alabama."
Abortion rights groups and IVF advocates have been warning about the
possibility since before the Supreme Court's 2022 decision to overturn
Roe v. Wade and as Republican-led states passed new abortion
restrictions in its wake. The Alabama decision cited language added to
the state constitution in 2018, which says "it is the public policy of
this state to ensure the protection of the rights of the unborn child."
Now, fertility experts and organizations say Alabama's ruling could lead
to a decrease in IVF access and care.
Dr. Mari Mitrani, co-founder and chief scientific officer at Gattaca
Genomics, told CBS News the ruling poses "serious potential and
unintended consequences to the fertility industry as a whole,
threatening Alabamans' rights to start a family."
About 1 in 5 people are unable to get pregnant after one year of trying,
according to the Centers for Disease Control and Prevention. A recent
survey found 42% of American adults say they have used, or know someone
who has used, fertility treatments.
"This ruling poses a threat to embryologists, fertility doctors, lab
technicians and all fertility healthcare providers in Alabama," Mitrani
said. "The local medical professionals will be exposed to unforeseen
consequences due to this ruling, when trying to help their patients."
The impact could reach beyond the state, too.
"This ruling has profound implications far beyond Alabama's borders,"
Resolve: The National Infertility Association said in a statement on
social media "Every American who wants or needs access to family
building options like IVF should be deeply concerned about this
development and the precedent it will set across the country."
The nonprofit organization said that within Alabama, it will likely have
other "devastating consequences, including impacting the standard of
care provided by the state's five fertility clinics."
"This new legal framework may make it impossible to offer services like
#IVF, a standard medical treatment for infertility," the statement said,
noting it also remains unclear what this decision means for people who
currently have embryos stored.
https://www.cbsnews.com/news/alabama-frozen-embryos-children-experts-ivf-
fertility/
news:t24ma3$3cj91$3...@news.freedyn.de:
> Good news. This decision will have a wide impact on the liberal nut
> communitities.
The Alabama Supreme Court ruled last week that frozen embryos created
through in vitro fertilization, or IVF, are considered children under
state law and are therefore subject to legislation dealing with the
wrongful death of a minor if one is destroyed.
"The Wrongful Death of a Minor Act applies to all unborn children,
regardless of their location," the opinion states, including "unborn
children who are located outside of a biological uterus at the time they
are killed."
The immediate impact of the ruling will be to allow three couples to sue
for wrongful death after their frozen embryos were destroyed in an
accident at a fertility clinic.
But this first-of-its-kind court decision could also have broader
implications.
"No court — anywhere in the country — has reached the conclusion the
main opinion reaches," Justice Greg Cook wrote in his dissenting opinion
in the case, adding that it "almost certainly ends the creation of
frozen embryos through in vitro fertilization (IVF) in Alabama."
Abortion rights groups and IVF advocates have been warning about the
possibility since before the Supreme Court's 2022 decision to overturn
Roe v. Wade and as Republican-led states passed new abortion
restrictions in its wake. The Alabama decision cited language added to
the state constitution in 2018, which says "it is the public policy of
this state to ensure the protection of the rights of the unborn child."
Now, fertility experts and organizations say Alabama's ruling could lead
to a decrease in IVF access and care.
Dr. Mari Mitrani, co-founder and chief scientific officer at Gattaca
Genomics, told CBS News the ruling poses "serious potential and
unintended consequences to the fertility industry as a whole,
threatening Alabamans' rights to start a family."
About 1 in 5 people are unable to get pregnant after one year of trying,
according to the Centers for Disease Control and Prevention. A recent
survey found 42% of American adults say they have used, or know someone
who has used, fertility treatments.
"This ruling poses a threat to embryologists, fertility doctors, lab
technicians and all fertility healthcare providers in Alabama," Mitrani
said. "The local medical professionals will be exposed to unforeseen
consequences due to this ruling, when trying to help their patients."
The impact could reach beyond the state, too.
"This ruling has profound implications far beyond Alabama's borders,"
Resolve: The National Infertility Association said in a statement on
social media "Every American who wants or needs access to family
building options like IVF should be deeply concerned about this
development and the precedent it will set across the country."
The nonprofit organization said that within Alabama, it will likely have
other "devastating consequences, including impacting the standard of
care provided by the state's five fertility clinics."
"This new legal framework may make it impossible to offer services like
#IVF, a standard medical treatment for infertility," the statement said,
noting it also remains unclear what this decision means for people who
currently have embryos stored.
https://www.cbsnews.com/news/alabama-frozen-embryos-children-experts-ivf-
fertility/
Scout
Feb 21, 2024, 9:49:14 AMFeb 21
to
"Attila" <<proc...@here.now> wrote in message
news:d82cti1eddgapm702...@4ax.com...
> On Wed, 21 Feb 2024 10:52:31 +0100 (CET), Jethro
> <jet...@courthouse.org> in alt.abortion with message-id
> <e2876c4c781590a5...@dizum.com> wrote:
>
>>On 31 Mar 2022, pothead <pothe...@gmail.com> posted some
>>news:t24ma3$3cj91$3...@news.freedyn.de:
>>
>>> Good news. This decision will have a wide impact on the liberal nut
>>> communitities.
>>
>>The Alabama Supreme Court ruled last week that frozen embryos created
>>through in vitro fertilization, or IVF, are considered children under
>>state law and are therefore subject to legislation dealing with the
>>wrongful death of a minor if one is destroyed.
>
> If these are never used does the state pick up the cost of
>
>>On 31 Mar 2022, pothead <pothe...@gmail.com> posted some
>>news:t24ma3$3cj91$3...@news.freedyn.de:
>>
>>> Good news. This decision will have a wide impact on the liberal nut
>>> communitities.
>>
>>The Alabama Supreme Court ruled last week that frozen embryos created
>>through in vitro fertilization, or IVF, are considered children under
>>state law and are therefore subject to legislation dealing with the
>>wrongful death of a minor if one is destroyed.
>
> maintaining permanent storage?
I have some better questions.... if they are children
Can you deduct them as dependents on your State and Federal income taxes?
If they get divorced who gets 'custody' of the children?
Do standard child support laws apply?
When they have been around for 18-21 years are they now considered adults?
At that time could the parents apply for welfare as their adult child is
unable to work?
If something happens that makes them "wards of the state" will the state
continue to pay for their needs until the end of time?
Yea, I think the Court screwed the pooch on this one.
Scout
Feb 22, 2024, 8:32:27 AMFeb 22
to
"Attila" <<proc...@here.now> wrote in message
> On Wed, 21 Feb 2024 09:46:36 -0500, "Scout"
> <me4...@verizon.removeme.this2.nospam.net> in alt.abortion
> with message-id <ur52h7$37756$3...@dont-email.me> wrote:
>
>>
>>
>>"Attila" <<proc...@here.now> wrote in message
>>news:d82cti1eddgapm702...@4ax.com...
>>> On Wed, 21 Feb 2024 10:52:31 +0100 (CET), Jethro
>>> <jet...@courthouse.org> in alt.abortion with message-id
>>> <e2876c4c781590a5...@dizum.com> wrote:
>>>
>>>>On 31 Mar 2022, pothead <pothe...@gmail.com> posted some
>>>>news:t24ma3$3cj91$3...@news.freedyn.de:
>>>>
>>>>> Good news. This decision will have a wide impact on the liberal nut
>>>>> communitities.
>>>>
>>>>The Alabama Supreme Court ruled last week that frozen embryos created
>>>>through in vitro fertilization, or IVF, are considered children under
>>>>state law and are therefore subject to legislation dealing with the
>>>>wrongful death of a minor if one is destroyed.
>>>
>>> If these are never used does the state pick up the cost of
>>> maintaining permanent storage?
>>
>>I have some better questions.... if they are children
>
> But if they are abandoned by the donors and not wanted who
>
>>
>>
>>"Attila" <<proc...@here.now> wrote in message
>>news:d82cti1eddgapm702...@4ax.com...
>>> On Wed, 21 Feb 2024 10:52:31 +0100 (CET), Jethro
>>> <jet...@courthouse.org> in alt.abortion with message-id
>>> <e2876c4c781590a5...@dizum.com> wrote:
>>>
>>>>On 31 Mar 2022, pothead <pothe...@gmail.com> posted some
>>>>news:t24ma3$3cj91$3...@news.freedyn.de:
>>>>
>>>>> Good news. This decision will have a wide impact on the liberal nut
>>>>> communitities.
>>>>
>>>>The Alabama Supreme Court ruled last week that frozen embryos created
>>>>through in vitro fertilization, or IVF, are considered children under
>>>>state law and are therefore subject to legislation dealing with the
>>>>wrongful death of a minor if one is destroyed.
>>>
>>> If these are never used does the state pick up the cost of
>>> maintaining permanent storage?
>>
>>I have some better questions.... if they are children
>
> has legal custody? Are they the legal responsibility of the
> donors?
Well, if abandoned they would become wards of the State making Alabama
legally responsible for their care and upbringing..
Yet, another can of worms.
>>Can you deduct them as dependents on your State and Federal income taxes?
>>If they get divorced who gets 'custody' of the children?
>>Do standard child support laws apply?
>>When they have been around for 18-21 years are they now considered adults?
>>At that time could the parents apply for welfare as their adult child is
>>unable to work?
>>If something happens that makes them "wards of the state" will the state
>>continue to pay for their needs until the end of time?
>>
>>Yea, I think the Court screwed the pooch on this one.
>>
>
> abounds with such laws. That is usually the result when the
> law steps into an area where it does not belong.
Well, I can accept that an argument can be made for a fetus at some point..
but a frozen cell?
That seems like a very unreasonable stretch.
I mean by that measure you could claim that donating blood is human
trafficking...
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