On February 16, the Alabama Supreme Court ruled that embryos created through IVF can be considered children under the state’s Wrongful Death of a Minor Act.

“…to all unborn children without limitation. And that includes unborn children who are not located in utero at the time they are killed.” Read more about the ruling.

Following the ruling, many fertility clinics in Alabama suspended IVF services until it is clear how the ruling would affect IVF patients, clinics and providers. Because IVF is a significant part of the surrogacy process, there have been concerns about how this ruling may affect those pursuing surrogacy in Alabama.

Below we’ll break down what you should know about IVF in Alabama following the ruling and how your journey may be affected.

This is an ongoing story that will be updated upon new developments.

The IVF Process for Surrogacy

IVF and surrogacy are both popular family building methods utilized by couples struggling with infertility, same-sex couples or single individuals who are ready to have a family.

In gestational surrogacy, a gestational carrier or surrogate carries and gives birth to a baby for the intended parents. Because of the role IVF plays in the surrogacy medical process, one or both parents can be biologically related to their child.

Embryo Creation

Intended parents create their embryos using their eggs and sperm or a donor’s. This process involves retrieving multiple eggs from the intended mother, or acquiring donor eggs, which are then fertilized with sperm from the intended father or a donor.

The egg retrieval portion of IVF makes up the bulk of the cost, which makes it more economical to create multiple embryos at once. If you tried conceiving through IVF before surrogacy, you may already have frozen embryos.

Embryo Transfer

One or more embryos are selected and then transferred to the surrogate’s uterus. Since her eggs are not used, the baby does not share DNA with the surrogate.

The first transfer doesn’t always take. Being able to freeze multiple embryos increases your chances of success.

How Does the Ruling Affect IVF and Surrogacy in Alabama?

The ruling did not ban IVF in Alabama nor mention surrogacy explicitly. However, it does set a precedent that IVF providers and patients could face criminal and civil penalties if unused embryos are destroyed.

Many times after an embryo transfer is successful and the parents do not intend to have another child, the unused embryos are discarded.

In the days following the ruling, the many fertility clinics in Alabama paused IVF services out of concern that staff and patients may face criminal or civil liabilities. In an attempt to resume IVF services, Alabama legislature approved bills that would legally protect IVF providers and fertility clinics.

What Can I Do With Leftover Embryos After IVF in Alabama?

When it’s confirmed that your surrogate is pregnant with your child, there’s a chance you will have unused frozen embryos. If you feel your family is complete but you are worried about the legal implications of frozen embryo disposal, you have two options:

You have two alternative options:

• Indefinite storage: You have the option of keeping your embryos frozen indefinitely. If this is the route you take, you should be aware that it can become expensive over time. Fertility clinics might have a storage fee of $500-$1,000 a year.
• Donation: You can donate your unused embryos to an infertile or gay couple, or an individual who intends to use surrogacy and/or IVF to grow their family. This can be done through an agency or your fertility clinic.

How We Can Help

If you want to grow your family through surrogacy in Alabama, we can provide you with the necessary support and resources for your journey.

All of our intended parents partner with an ART attorney when creating their surrogacy contract. Your attorney will be able to advise you on matters pertaining to how to handle your unused embryos.

If you are prepared to travel for your surrogacy journey, we can connect you with a fertility clinic in a nearby state such as Florida, Georgia or Tennessee.

If you have questions about IVF in Alabama and your journey to parenthood, we’re here for you. To get the support you need, fill out our easy form or call 1-800-875-2229.

The information provided in this article is for general informational purposes only and does not constitute legal advice. It is essential to consult with a qualified attorney or legal professional regarding specific legal matters related to in vitro fertilization (IVF).