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2024-11-11

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Embryo loss is integral to IVF. Alabama’s ruling equating embryos with children jeopardizes its practice (www.statnews.com)

submitted 8 months ago by [email protected] to c/[email protected]

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An embryo is one of the earliest stages of development of a multicellular organism. But according to the Supreme Court of Alabama, it is a person, too — an unborn child, entitled to the same legal protections as any minor.

The court ruled on Feb. 16 that a fertility clinic patient who accidentally destroyed other patients’ frozen embryos could be liable in a wrongful death lawsuit, writing in its opinion that “the Wrongful Death of a Minor Act applies to all unborn children, regardless of their location,” and that this includes “unborn children who are located outside of a biological uterus at the time they are killed.”

This has had immediate and profound consequences on the practice of in vitro fertilization in the state, with many fertility clinics already deciding to interrupt their services for fear of legal repercussions, including the University of Alabama at Birmingham, which has paused its IVF treatments, as has Alabama Fertility Services.

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[–] [email protected] 50 points 8 months ago* (last edited 8 months ago) (3 children)

This seems like it has ramifications far beyond IVF.

What happens to the morning after pill?

What happens when an embryo doesn't implant correctly? Or when a woman miscarries at 10 weeks? Will the woman be blamed based on myths about what causes miscarriages? Will a woman who exercised strenuously be accused of manslaughter or murder?

10-20% of known pregnancies end in miscarriage and 30-50% of fertilized eggs are lost during implantation. There is a lot of misinformation about what causes failed implantation and miscarriages.. It seems like this ruling, when combined with the false information, could make many women into "murderers".

[–] [email protected] 13 points 8 months ago (1 children)

For these people, the answer to all of those is: yes, outlaw birth control and prosecute women for miscarrying.

Fascism doesn't have to make sense and the cruelty is the point.

However "these people" aren't a majority. Even in the US, and even in conservative states, the Republicans have faced legislative loss after legislative loss due to the overturning of Roe v Wade. This is one of the reasons why it's particularly important to go out and vote, because conservative institutions are acting even crazier than their usual electorate and need to be put in check.

[–] [email protected] 3 points 8 months ago

Unfortunately, "these people" seem to have taken over the Alabama Supreme Court and, possibly the US Supreme Court (we'll see how they rule when this gets to them).

Hopefully, since Alabama's Supreme Court justices are elected, they will be voted out over this ruling. Also, hopefully rationality will prevail at the US Supreme Court.

[–] [email protected] 12 points 8 months ago* (last edited 8 months ago) (1 children)

My reasoning for miscarriage is: the woman is not responsible, therefore the government is and should be prosecuted.

[–] [email protected] 5 points 8 months ago

Nek minut: "a representative democracy has no obligation to represent the democratic will of the people."

See "to serve and protect"

[–] [email protected] 6 points 8 months ago

IUDs and some birth control pills work by preventing implantation. Those would be banned, too.