Alabama's governor signed into law on Wednesday, March 6, new liability protections related to in vitro fertilization (IVF), after a court ruling led fertility clinics across the southern US state to halt procedures. "I have signed SB159, the IVF protections legislation, after it received overwhelming support from the Alabama Legislature," Governor Kay Ivey, a Republican, said in a statement posted on X.
The bill, which passed the legislature late Wednesday evening, provides "civil and criminal immunity for death or damage to an embryo to any individual or entity when providing or receiving services related to in vitro fertilization."
In mid-February, the Alabama Supreme Court ruled that frozen embryos should be considered children under state law and that their destruction could therefore carry legal penalties. Fertility clinics throughout the state then quickly announced they were pausing IVF treatments in light of the new legal risks, turning the issue into a national political flashpoint.
A wave of Republicans, including presidential candidate Donald Trump, distanced themselves from the ruling, wary of its political repercussions.
Democratic President Joe Biden slammed the ruling as "outrageous and unacceptable, saying "it was a direct result of the overturning of Roe v. Wade" – the landmark decision that had protected the national right to abortion for 50 years, which was overturned by the conservative-majority US Supreme Court in 2022. Alabama afterward began enforcing its ban on abortions, which includes no exceptions.
"IVF is a complex issue, no doubt, and I anticipate there will be more work to come," Ivey said Wednesday. "From protecting the unborn to supporting IVF, Alabama is proud we are a pro-life, pro-family state."
The University of Alabama at Birmingham, one of several facilities to halt IVF treatments after the February ruling, said Wednesday it would "promptly" resume treatments and "continue to assess developments and advocate for protections for IVF patients and providers."