Alabama Legislature passes bill to ensure IVF access after court ruled embryos are children

The governor is expected to get the proposal next week.

February 29, 2024, 4:10 PM

The Alabama House of Representatives and Senate have passed legislation to restore access to in vitro fertilization after a controversial state Supreme Court ruling that embryos are children raised questions about the treatment in Alabama.

Thursday's vote, which was 94-6 with three abstentions in the House and unanimous in the Senate, completes another step in a process that is ultimately expected to finish up late next week with Gov. Kay Ivey signing the bill into law.

Within days of the state court's decision earlier this month, roughly half of Alabama's IVF clinics paused treatment for fear that they could face wrongful death lawsuits or potentially criminal charges for discarding unused embryos, a routine part of IVF.

But the proposal, if enacted, would provide civil and criminal immunity "for death or damage" to an embryo as part of IVF services.

Doctors at the clinics that have paused treatments have told ABC News the language being considered will give them enough reassurance to resume IVF twithout facing legal risks.

PHOTO: Senator Tim Melson, right, and Rep. Terri Collins, left, address those gathered at a protest rally for in vitro fertilization legislation at the Alabama Statehouse in Montgomery, Ala., Feb. 28, 2024.
Senator Tim Melson, right, and Rep. Terri Collins, left, address those gathered at a protest rally for in vitro fertilization legislation at the Alabama Statehouse in Montgomery, Ala., Feb. 28, 2024.
Mickey Welsh/USA Today Network

The legislation will face additional votes in the Alabama House and Senate next week

Lawmakers have told ABC News that they have reached consensus and don't expect hiccups in the process at this stage.

If a lawmaker were to introduce an amendment, the timeline could be delayed. But at this point, none are expected.