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A growing legal gray area surrounding the status of frozen embryos is prompting some fertility clinics and patients in conservative states to transfer or discard their embryos.
The trend is particularly pronounced in Alabama, where a recent Supreme Court ruling called embryos “unborn children.” That has led at least four of seven fertility clinics in the state to partner with biotech companies to transfer frozen embryos out of Alabama. Another clinic, concerned about the legal implications of disposing of embryos in the state, is working with a New York doctor to dispose of them.
This fear extends beyond Alabama’s borders. Fertility patients across the country are worried about the future of their frozen embryos, especially after the overturning of Roe v. Wade and subsequent abortion bans in 14 states. Additionally, the Southern Baptist Convention, a major Protestant denomination, recently declared its opposition to in vitro fertilization (IVF), advocating for the protection of “frozen embryonic human beings.”
This legal uncertainty has created a situation where people seeking fertility treatments are faced with a difficult choice: potentially losing their embryos to legal battles or transferring them for safety. The situation highlights the need for clearer legal guidelines regarding the status of frozen embryos and the rights of patients who wish to preserve their options for future family planning.
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