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Alabama Supreme Court Rules IVF Embryos Are Persons

In a historic decision, Alabama's Supreme Court affirms IVF embryos hold the same rights as unborn children, setting a legal precedent for life.

In a 7-2 decision, the Alabama Supreme Court has boldly affirmed the sanctity of life, ruling that embryos created through in-vitro fertilization (IVF) hold the legal status of a “minor child,” thus bringing them under the protective umbrella of the state’s Wrongful Death of a Minor Act. This landmark ruling, grounded in the 2018 Sanctity of Unborn Life Amendment to the Alabama Constitution, underscores a seismic shift in recognizing and defending the rights of the unborn, equating them with those of born children without reservation or exception.

The case at the heart of this ruling, LePage v. Mobile Infirmary Clinic, Inc., emerged from a tragic incident at an IVF clinic where a patient’s interference led to the destruction of frozen embryos. The subsequent wrongful death lawsuit brought forth by aggrieved couples has now, thanks to the Supreme Court’s decision, been allowed to proceed, overturning the Mobile County Circuit Court’s earlier dismissal and setting a precedent for the recognition of embryos as persons under Alabama law.

The court’s decision illuminates a broader societal and legal acknowledgment of unborn children as beings deserving of protection and rights, irrespective of their developmental stage or physical location. This ruling does not merely address the specificities of wrongful death but profoundly speaks to the intrinsic value of life from its very inception at fertilization.

Chief Justice Tom Parker, in his concurrence, highlighted the constitutional mandate upheld by the Sanctity of Unborn Life Amendment, which clearly positions Alabama on the vanguard of protecting unborn life. Even the dissent within the court, as articulated by Justice Gregory Cook, acknowledges the complexity and moral imperative at play, illustrating the depth of consideration required when life itself is the subject of legal scrutiny.

This ruling by the Alabama Supreme Court is more than a legal determination; it’s a clarion call to the nation, reminding us of the inherent dignity and worth of every human life, regardless of its stage or circumstances of development. It challenges prevailing narratives and legal precedents that diminish or disregard the value of unborn life, setting a new standard for the protection and recognition of the most vulnerable among us. Liberty Counsel’s Mat Staver’s reaction encapsulates the broader implications of this ruling, highlighting its significance not just for Alabama but as a beacon of hope for the pro-life movement across the nation.

In an era where the dignity of human life is often contested and commodified, the Alabama Supreme Court’s ruling stands as a testament to the enduring principles of justice, dignity, and the inalienable right to life. It’s a pivotal moment that redefines the legal landscape, paving the way for a more just and life-affirming society.

Jay Shepard

Jay Shepard

Jay is a Director of The American Center for Education and Knowledge, a 501-c3 non-profit committed to protecting the ideals of individual rights, freedom of will and personal responsibility while defending American exceptionalism. Jay was elected as the National Committeeman to the Republican National Committee for Vermont in both 2012, 2016 and 2020.