Alabama’s I.V.F. Shield Law Now Faces a Constitutional Challenge

Two Alabama families at the center of the wrongful-death lawsuit that led to the temporary suspension of in vitro fertilization procedures in the state have asked a judge to overturn a new law that shields clinics and doctors from civil and criminal liability.

Their challenge to the law raises the possibility that access to I.V.F. could once again be placed in jeopardy in Alabama. And it could further inflame tensions across the country over whether to enshrine protections for I.V.F., as influential Christian conservatives look to curb the use of the popular reproductive treatment.

Alabama lawmakers quickly pushed through the shield law in early March after the State Supreme Court weighed in on the lawsuit and ruled that frozen embryos could legally be considered children. The families had filed the claim over the accidental destruction of their embryos at a Mobile clinic in 2020.

Multiple clinics had shuttered to avoid the threat of legal challenges, adding to the emotional, financial and physical toll of infertility for Alabama families suddenly left in medical limbo.

The swift passage of the shield law led clinics to reopen and restart embryo transfers. But the law did not explicitly address the legal question of “fetal personhood” raised by the State Supreme Court opinion, and many in the Republican-dominated Legislature acknowledged they would very likely need a more permanent solution.

This week, after the clinic asked for the wrongful-death lawsuit to be dismissed, the families argued that the shield law was a violation of their constitutional rights, including equal protection, due process and the Alabama Constitution’s “guarantees of life, the right to bear children and the right to a remedy for wrongful deaths of such children.”