Alabama
Embryo loss is integral to IVF. Alabama’s ruling equating embryos with children jeopardizes its practice
![Embryo loss is integral to IVF. Alabama’s ruling equating embryos with children jeopardizes its practice](https://www.statnews.com/wp-content/uploads/2024/02/AP24051689308670-1024x576.jpg)
An embryo is one of the earliest stages of development of a multicellular organism. But according to the Supreme Court of Alabama, it is a person, too — an unborn child, entitled to the same legal protections as any minor.
The court ruled on Feb. 16 that a fertility clinic patient who accidentally destroyed other patients’ frozen embryos could be liable in a wrongful death lawsuit, writing in its opinion that “the Wrongful Death of a Minor Act applies to all unborn children, regardless of their location,” and that this includes “unborn children who are located outside of a biological uterus at the time they are killed.”
This has had immediate and profound consequences on the practice in vitro fertilization in the state, with many fertility clinics already deciding to interrupt their services for fear of legal repercussions, including the University of Alabama at Birmingham, which has paused its IVF treatments, as has Alabama Fertility Services.
But the implications may reach beyond Alabama’s border: 11 other states have fetal personhood laws, and in at least four of them — Alabama, Mississippi, Oklahoma, and South Carolina — such laws have already been used to prosecute pregnant women for child endangerment and neglect. Like Alabama, these states could interpret their wrongful death laws as applying to embryos, putting IVF clinics in legally vulnerable situations.
“I’m sure there are a lot of lawyers across the country that are assessing the risk profile for their IVF provider clients, and with good reasons,” said Giudith Daar, a specialist in reproductive health law and dean at Chase City College of Law at Northern Kentucky University. “In the route to parenthood through assisted conception, embryo loss is a big part of that journey — it is a byproduct of IVF. So if the embryo loss is now associated with civil or criminal penalties, it’s understandable that providers would not want to move forward.”
In many ways, IVF is a game of numbers. Only about a quarter of fertilized eggs result in an embryo, and the chances an implanted embryo progresses into a viable pregnancy can be as low as 10% depending on a woman’s age. The more the fertilized eggs, the more embryos, and the greater the chance of a pregnancy. While embryos can be transferred without freezing, cryopreservation helps avoid transferring multiple embryos at once and allows for delayed transfer when, for instance, someone is undergoing medical treatments such as chemotherapy.
This means frozen embryos, as well as embryos that end up being lost because they aren’t implanted, are necessary parts of IVF. But based on the Alabama ruling, handling them could expose IVF clinic staff to criminal or civil charges. The decision doesn’t lay out scenarios in which someone may be prosecuted, but practitioners worry that any potential damage from the routine handling of frozen embryos could result in legal issues. And the ruling also raises risks for institutions that use embryos for stem cell research.
Estimates on how many frozen embryos exist in the U.S. vary significantly. According to the Society of Assisted Reproductive Technology, 400,000 embryos have been frozen since the 1970s. The Health and Human Services department estimates 600,000, while the National Embryo Donation Centers puts the figure close to 1 million.
“If the policy outcomes mandated under this decision stand, the consequences will be profound. Modern fertility care will be unavailable to the people of Alabama […]. Young physicians will choose not to come to the state for training or to begin their practice. Existing clinics will be forced to choose between providing sub-optimal patient care or shutting their doors,” wrote Paula Amato, president of the American Society for Reproductive Medicine, in a statement.
This is the first time any federal or state U.S. court has adopted such a broad definition of personhood, though it’s not the first time such a definition threatened IVF practice. In May 2022, the Louisiana House of Representatives proposed a bill that would have considered an embryo a person, though it didn’t move forward after substantial opposition from IVF doctors and practices.
“This is the logical end to the legal personhood movement, which we knew was going to be the next frontier after Roe versus Wade was overruled,” said Seema Mohapatra, a professor of Health Law at Southern Methodist University’s Dedman School of Law.
Some anti-abortion groups, however, celebrated the decision.
“The IVF industry is poorly regulated and too rarely monitored, with numerous media stories illustrating problems. Even this case began with an allegedly sloppy operation that somehow allowed a client access to a sensitive storage area where embryos were accidentally destroyed, according to media reports,” said Kristi Hamrick, vice president of media and policy at Students for Life, an anti-abortion organization, in an email to STAT.
“We don’t focus on IVF policy per se, but we believe that a conversation on this topic is overdue given the life and death stakes,” she added, characterizing the IVF industry as one that “turns surrogates and children into commodities, and that has as a central premise, the goal of creating disposable children.”
Experts noted that several couples moved their embryos to states with pro-choice legislatures in the wake of the Dobbs decision, driven by fear of the impact of abortion bans and personhood laws. And, just as with abortion bans, it may be the fear of legal consequences rather than actual prosecution that stops practices from offering fertility treatment.
“Medical providers tend, on the whole, to be fairly conservative in terms of financial and legal risks,” said Jessie Hill, a law professor at Case Western Reserve University. “Uncertainty in and of itself is a legal risk — you don’t need to wait around for a court to rule against you.”
For people looking to expand their families through IVF who live in states that either have or could adopt personhood definitions akin to Alabama’s, the impact of this decision could be devastating. The added uncertainty could lead providers who decide to remain in business to invest heavily in insurance protection, said Northern Kentucky University’s Daar, a cost that is likely to be passed down onto the patients, making IVF less affordable. Transporting embryos to states that don’t have fetal personhood laws would be an additional cost.
One way to limit IVF costs is to maximize the chances of success by creating as many embryos as possible from each egg retrieval. This typically means freezing embryos and running genetic testing that selects the most viable ones to limit the number of cycles. But taking this approach might now be legally risky, says Southern Methodist University’s Mohapatra. There are also situation in which it is nearly impossible to create and transfer one embryo at a time, which means treating the loss of an embryo as a wrongful death would all but eliminate the possibility to conceive for some people.
“It’s unfortunate because when we think about reproductive justice, it’s not just the idea that you should have a right not to have a child, but also the right to have a child,” she said.
Experts note that the Alabama decision eliminates a longstanding contradiction in the arguments of anti-abortion groups in favor of the principle of personhood, irrespective of how unpopular that principle may be among voters or businesses.
“Anti-abortion groups often seem to be OK with IVF… even though they know that that process almost inevitably results in destruction of embryos,” said Hill. “[Pro-choice groups] have always been able to point to this tension and say, ‘You don’t really think it’s a person from conception because you’re OK with IVF.’”
But one way in which the battle for IVF may differ from that for abortion rights is financial. The IVF market is estimated at around $5 billion and growing at 7% yearly, according to market insight firm Allied Market Research.
“This is big business,” said Mohapatra. “And I think that, in some ways, having those business interests speak up and lobby might drive some public opinion, but also judicial and legislative opinion.”
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Alabama
Alzheimer's impact growing in Alabama
![Alzheimer's impact growing in Alabama](https://www.greenvilleadvocate.com/wp-content/uploads/sites/33/2024/06/Proclamation-online-1-1.jpeg)
Alzheimer’s impact growing in Alabama
Published 6:00 am Sunday, June 30, 2024
- Greenville Mayor Dexter Mclendon signs a proclamation designating June as Alzheimer’s and brain awareness month. Pictured are Alzheimer’s advocate Melisa Mote and Mayor Dexter Mclendon. Photo submitted.
Alzheimer’s, a form of dementia that affects memory, thinking and behavior, is an increasing concern in Alabama, with symptoms eventually becoming severe enough to interfere with daily tasks. According to the Alzheimer’s Association, 104,000 people aged 65 and older are living with Alzheimer’s in Alabama and 14.3% of people aged 45 and older experience subjective cognitive decline.
The burden of the disease is also felt by 217,000 family caregivers in the state, who provide 387 million hours of unpaid care valued at $5.3 billion, while the cost to the state Medicaid program is $1.1 billion.
For Greenville native Melisa Mote, the statistics became a reality in 2017 when her mother Frances was diagnosed with Alzheimer’s and Mote and her sister became full time caregivers.
“I remember one night in August, I put my mother to bed and she was her normal self,” Mote recalled. “The next morning when I walked into her room, she smiled the biggest smile and asked me what my name was.”
Despite the challenges, Mote reflects positively on her experience.
“It wasn’t easy but I’m so glad that we did it,” Mote said. After her mother’s passing, Mote joined the Walk to End Alzheimer’s. I started a team and we walked that first year… now I’m co-chair of the River Region walk.”
Mote is also involved in Alzheimer’s advocacy, having traveled to Washington for the past three years to promote awareness.
“My mother passed in 2017 and we were her full-time caregivers,” Mote said. “We didn’t know anything. We didn’t even get a diagnosis until she was sent home on hospice.”
A new bill in progress aims to assist people in rural areas by educating doctors on the early symptoms of Alzheimer’s.
“It gets doctors more familiar with what to look for so that they can spot these symptoms earlier,” Mote explained. “New drugs are showing promise if you catch them early, so we really need to spread awareness. And they can do the training online so I’m very excited about that.”
In honor of her mother, Mote started Frances’ Fighters to raise funds for Alzheimer’s awareness and research.
“We did a cookbook a few years ago that was really successful and this year we’re doing a calendar,” Mote said. “Everything we earn will go to the Alzheimer’s Association.”
In a recent proclamation, Greenville Mayor Dexter McLendon designated June as Alzheimer’s and Brain Awareness Month in Greenville. “In this day and time we’re seeing the effects of this disease more and more. It seems to impact just about every family in some way,” McLendon said. “I know it affected mine with my mother and I’m glad to have the opportunity to stress the importance of Alzheimer’s awareness.”
Alabama
Miss Alabama 2024: Abbie Stockard, Miss Hoover, takes the crown
![Miss Alabama 2024: Abbie Stockard, Miss Hoover, takes the crown](https://www.al.com/resizer/v2/EORIV5U56ZBONGRGXY3P3635FA.jpg?auth=4ce8f19205ad1337e70748cb28b6b108132a4da7355aa02cf4cafcf8286d679d&width=1280&quality=90)
Abbie Stockard is the new Miss Alabama.
Stockard, 21, was crowned Saturday night at Samford University’s Wright Center in Birmingham. She competed as Miss Hoover, besting 39 other contestants for the 2024 state title. Stockard will move on to represent Alabama at the Miss America competition.
Stockard takes over the role of Miss Alabama from Brianna Burrell, Miss Alabama 2023. Burrell crowned her successor at the Wright Center on Saturday and Stockard was presented with a bouquet of roses.
Miss Hoover Abbie Stockard wins Miss Alabama 2024 at Samford University’s Wright Center, Saturday, June 29, 2024.
(Vasha Hunt | preps.al.com)Vasha Hunt | vhunt@al.com
Stockard, from Birmingham, is a student at Auburn University, where she majors in nursing. According to her Miss Alabama bio, she plans to gain critical care experience and apply to nurse anesthesia school after graduation. Her goal is to earn an advanced degree, a Doctor of Nurse Anesthesia Practice, and specialize in pediatrics.
Stockard also is a member of the Auburn University Tiger Paws dance team.
The yearlong reign of the new Miss Alabama starts immediately. She’ll make public appearances, do charity work, speak to community groups, motivate students and more. Stockard’s community service initiative is Be the Change: Find a Cure — Cystic Fibrosis Awareness.
Stockard was one of 13 semifinalists chosen at the pageant finals on Saturday, competing in segments that focused on talent, on-stage interview, evening gown and heath and fitness. For talent, she performed a contemporary dance to Lauren Daigle’s “You Say.”
Abbie Stockard appears in the evening gown/question section at the Miss Alabama 2024 finals competition and crowning at Samford University’s Wright Center, Saturday, June 29, 2024.
(Vasha Hunt | preps.al.com)Vasha Hunt | vhunt@al.com
Three rounds of preliminary contests for Miss Alabama 2024 took place Wednesday through Friday at the Wright Center, giving all 40 contestants a chance to strut their stuff in talent, evening gown, health and fitness and on-stage interview segments. The contestants also chatted with the judges this week during off-stage interviews and showcased their community service initiatives.
Stockard won two preliminary awards this week, earning the top score in the evening gown competition on Wednesday and the talent competition on Friday.
Scores received in the preliminaries were used to create a composite score that was considered by the judges on Saturday, and weighted as 30 percent of each contestant’s score in the finals. This was added to Saturday scores in talent, evening gown and health and fitness (each weighted as 20 percent) and on-stage question (10 percent).
Miss Alabama, like the Miss America organization, no longer has a swimsuit competition. It was eliminated at Miss America in 2018, and Miss Alabama followed suit in 2019. However, a health and fitness segment was added this year, and contestants modeled activewear designed for the Miss America organization.
Also, this year’s People’s Choice Contest that allowed the pubic to vote online for their favorite contestants in advance of the Miss Alabama finals. Each vote cost $1. The contestant with the most votes earned a spot among the top 13 semifinalists on Saturday. Voting ran through Friday evening, according to the Miss Alabama Organization.
The top 13 semifinalists this year were:
- Dominique Verville, Miss Cahaba Valley
- Imani Muse, Miss Birmingham
- Chloe Yates, Miss Phenix City
- Maddi Heath, Miss Jubilee
- Lauren Vance, Miss Covered Bridge
- Mikella Anderson, Miss Appalachian Valley
- Ibby Dickson, Miss Historic Springville
- Emma Terry, Miss Jefferson County
- Mary-Coker Green, Miss Auburn University
- Marissa Luna, Miss University of Alabama
- Abbie Stockard, Miss Hoover
- Emma Wright, Miss Tennessee Valley
- Hannah Adams, Miss Mobile Bay
The top five is counted down at the Miss Alabama 2024 finals competition and crowning at Samford University’s Wright Center, Saturday, June 29, 2024. From left, Hannah Adams, Abbie Stockard, Marissa Luna, Emma Terry and Maddi Heath. (Vasha Hunt | preps.al.com)
Vasha Hunt | vhunt@al.com
Later on Saturday, the list of finalists was trimmed to the top five. They were:
- Abbie Stockard, Miss Hoover
- Emma Terry, Miss Jefferson County (first runner-up)
- Marissa Luna, Miss University of Alabama
- Maddi Heath, Miss Jubilee
- Hannah Adams, Miss Mobile Bay
Although glitzy on-stage activity is the most public aspect of the Miss Alabama pageant, there’s significant scholarship money at stake behind the scenes. Cash scholarships in various categories are awarded to contestants during competition week, totaling $126,500 this year, according to the Miss Alabama pageant guide.
The title of Miss Alabama comes with a $15,000 scholarship. The first runner-up receives $5,000; the second runner-up receives $3,000; the third runner-up gets $2,500; the fourth-runner up receives $2,000, all in scholarship money.
Other semi-finalists receive $1,500 each in scholarship money. The remaining contestants receive $1,250 each for competing in the pageant. More than 40 other cash scholarships, in sums of $100-$5,000, are awarded by the pageant’s scholarship committee and various donors.
This week’s preliminary talent winners will receive $500 each in scholarship money, according to the pageant guide. Winners in the evening gown preliminaries will receive $300 each in scholarship money.
Several colleges and universities in the state also offer in-kind scholarships to the winner and other contestants, paying tuition, fees and other expenses.
Judges for this year were Amanda Joseph May. Amanda Tapley McGriff, Sharron Melton, Jay Pitts and Rick Pruitt.
Tammy Little Haynes, Miss Alabama 1984, was the emcee for Saturday’s program. The agenda included production numbers by Miss Alabama 2023 and this year’s contestants, performing to songs such as “How Will I Know,” “Stars Fell on Alabama” and “Stronger.” Miss Alabama’s Teen 2024, Ali Mims, performed at the finals, as well. Tiara Pennington, Miss Alabama 2019-2020, sang the national anthem.
Brianna Burrell, Miss Alabama 2023, performs at the Miss Alabama 2024 finals competition at Samford University’s Wright Center, Saturday, June 29, 2024. Burrell ended a yearlong reign as the new Miss Alabama was crowned. (Vasha Hunt | preps.al.com)Vasha Hunt | vhunt@al.com
Alabama
University of Alabama welcomes third class of rural pre-medical students
![University of Alabama welcomes third class of rural pre-medical students](https://alabamanewscenter.com/wp-content/uploads/2024/06/2024-Tuscaloosa-Rural-Pre-Med-Interns-1280x720-1.jpg)
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