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Governor Kay Ivey signs legislation to protect Alabama IVF access

The bill was fast-tracked after an Alabama Supreme Court decision said that frozen embryos are children in response to a wrongful death lawsuit.

MONTGOMERY, Ala. — Less than two weeks after an Alabama Supreme Court decision that said that frozen embryos are children, Governor Kay Ivey signed legislation protecting access to IVF services in the state. The court decision was in response to a wrongful death lawsuit by couples whose frozen embryos were destroyed in an accident at an IVF clinic.

A statement from the Governor's office reads:

Governor Kay Ivey has signed SB159, the IVF protections legislation, after it received overwhelming support from the Alabama Legislature. The governor is grateful to the Legislature for swiftly bringing forward this stop-gap measure so fertility clinics, that previously chose to close out of an abundance of caution, can reopen. After signing the bill into law, the governor issued the following statement: 

“The overwhelming support of SB159 from the Alabama Legislature proves what we have been saying: Alabama works to foster a culture of life, and that certainly includes IVF. I am pleased to sign this important, short-term measure into law so that couples in Alabama hoping and praying to be parents can grow their families through IVF. IVF is a complex issue, no doubt, and I anticipate there will be more work to come, but right now, I am confident that this legislation will provide the assurances our IVF clinics need and will lead them to resume services immediately. 

“I commend Senator Tim Melson, Representative Terri Collins, President Pro Tem Greg Reed and Speaker Nathaniel Ledbetter, as well as the members of the Legislature for quickly tackling an issue we did not anticipate when we started this session. 

“Make no mistake about it, though, in the coming days, weeks and months, particularly as we are in the heat of a national election, we will hear a lot of political rhetoric around IVF. Let me say clearly: Alabama supports growing families through IVF. From protecting the unborn to supporting IVF, Alabama is proud we are a pro-life, pro-family state.” 

Alabama House Speaker Nathaniel Ledbetter issued the following statement:

"Two weeks ago, the future of IVF in the state of Alabama was in danger. Five legislative days have passed since the Alabama Supreme Court Ruling, and a bill granting our IVF clinics immunity has now been signed into law by Governor Kay Ivey. In Alabama, we recognize that IVF plays a crucial role in our commitment to fostering a culture of life, and I couldn't be prouder of how the House and Senate came together and passed a pro-life bill for the people of Alabama."

UAB, one of the IVF providers who paused services after the Supreme Court ruling, release this statement:

UAB appreciates the Alabama Legislature and Governor Kay Ivey for swiftly passing and signing legislation that provides some protections and will therefore allow UAB to restart in vitro fertilization (IVF) treatments. While UAB is moving to promptly resume IVF treatments, we will continue to assess developments and advocate for protections for IVF patients and providers.

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