Alabama
Embryo loss is integral to IVF. Alabama’s ruling equating embryos with children jeopardizes its practice
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.”
Kalen DeBoer described Indiana as “a great football team.”
The Alabama coach was effusive in his praise of the Hoosiers and their leader.
“Coach Cignetti, just what he’s done is amazing here these last two years, just building the program as quickly as he’s done to the level it’s at,” DeBoer said. “Really looking forward to us diving back into our process here the next 10 days or so, just getting back to work.
No. 9 Alabama will face No. 1 Indiana in the Rose Bowl on Thursday, Jan. 1 (3 p.m. CT, ESPN). The winner of that matchup will advance to the semifinals of the College Football Playoff, set to take part in the Peach Bowl on Jan. 9.
Simply put, the Crimson Tide will have its hands full. On offense, the Hoosiers led the nation in third-down conversions and rank third in scoring offense.
Indiana also owns the nation’s No. 10 rushing offense, averaging 221.2 yards per game. Roman Hemby (918 yards, six touchdowns) and Kaelon Black (799 yards, seven touchdowns) are the top two running backs.
“Still diving into it, but I think the thing that jumps out at me, with the first glance here the last day or so, is how well they work together, the offensive line, in particular, and just everyone being in sync,” DeBoer said. “They’re always moving forward.”
Transfer quarterback Fernando Mendoza is the leader of the offense as the Heisman Trophy winner. He has thrown for 33 touchdowns to six interceptions. Mendoza has also rushed for six scores this season.
“I just think with obviously Mendoza winning the Heisman, that doesn’t happen by accident,” DeBoer said. “You put a whole season of film together, of games and stringing them each and every week and you end up undefeated because a trigger man can make some plays and do his things at an extremely high level.”
At receiver, Omar Cooper Jr. and Elijah Sarratt are Mendoza’s top two targets. Cooper has secured 58 passes for 804 yards and 11 touchdowns. Sarratt has caught 51 passes for 687 yards and 12 scores.
“I look at their skill around the offensive line, they just all complement each other,” DeBoer said. “They go make plays. When the opportunities are there, they get it done.”
Defensively, the Hoosiers rank second in the nation in third downs and scoring defense. Indiana’s also third in tackles for loss.
“The defense, has the tackles for losses and is physical as well,” DeBoer said.
In total, it all has led to a 13-0 season so far after Indiana went 11-2 in 2024.
“There’s great coaching you can see to put them in spots to succeed, but also the guys, you can see they play with a swagger, with a confidence,” DeBoer said, “and as they should with the success they’ve had.”
Baltimore Ravens running back Derrick Henry ran for 128 yards and two touchdowns on 18 carries against the New England Patriots on Sunday.
Henry opened the scoring with a 21-yard run with 12:21 left in the first quarter and scored on a 2-yard run as Baltimore took an 11-point lead with 12:50 remaining.
But he did not get on the field again, and the Ravens lost to the Patriots 28-24.
New England answered Henry’s second touchdown with one of their own (plus a 2-point conversion) to cut Baltimore’s lead to three points with 9:01 to play.
When the Ravens, playing without starting quarterback Lamar Jackson by that point, took possession, they had Keaton Mitchell at running back. He carried the football on two of Baltimore’s six snaps before the Ravens punted.
New England scored another touchdown with 2:07 left to take a four-point lead. Baltimore took the field without Henry again and threw two passes. The second was completed, but fumbled, and the Patriots recovered to seal their victory.
After the game, Ravens coach John Harbaugh was asked if Henry should have been in the backfield after New England cut the lead to three points.
“I mean, yeah,” Harbaugh said. “I mean, I look back, and I say yeah. …
“Looking back, would I rather have Derrick starting the drive? Yeah, but you know, Derrick was kind of ready for Keaton to start that drive, and then he was planning on coming in next. So they were working that rotation. You look back on it, I think it’s pretty easy to say he should have been in there or shouldn’t have been in there, but we’re rotating those guys throughout the game as two backs. But yeah, game-winning drive, do I want Derrick Henry in the on the field? Sure, I do want him on the field.”
Mitchell finished the game with 13 yards on nine carries.
“We’ve been doing the rotation for how many weeks,” Henry said. “Keaton’s doing a great job in the run game. We’re both in there doing the best we can. We got a lot of good players, so everybody has to get their touches, get opportunities. And Keaton is deserving of it.”
Between the touchdowns, Henry lost a fumble at the New England 32-yard line in the first quarter.
Including the playoffs, Henry has 33 games with at least 128 rushing yards. Sunday night’s contest was the third that his team had lost.
The loss dropped Baltimore two games behind the Pittsburgh Steelers in the AFC North race with two games to play. The Ravens play the Green Bay Packers on Saturday and the Steelers play the Cleveland Browns on Sunday before Baltimore and Pittsburgh square off in the regular-season finale on Jan. 4.
Henry was among the 39 former Alabama players who got on the field on the 16th Sunday of the NFL’s 106th season.
Four other former Alabama players were involved in the New England-Baltimore game:
- Christian Barmore started at defensive tackle for the Patriots. Barmore registered one quarterback hit.
- Patriots tight end CJ Dippre was designated as a game-day inactive.
- Marlon Humphrey (Hoover) started at cornerback for the Ravens. Humphrey made six tackles, intercepted one pass and broke up another. Humphrey picked off quarterback Drake Maye at the Baltimore 4-yard line in the first quarter. Humphrey’s third interception of the season was the 22nd of his career. That’s tied for the fifth-most by a former Alabama player in the NFL with Russ Craft and Kareem Jackson. Patriots linebacker Anfernee Jennings (Dadeville) recorded his second sack of the season.
- Patriots linebacker Anfernee Jennings (Dadeville) recorded his second sack of the season.
In the other Sunday games:
Carolina Panthers 23, Tampa Bay Buccaneers 20
- Buccaneers safety Marcus Banks is on the practice squad and not eligible to play.
- Buccaneers outside linebacker Chris Braswell made one tackle for loss and had one tackle on special teams.
- Panthers defensive end LaBryan Ray (James Clemens) made two tackles.
- A’Shawn Robinson started at defensive end for the Panthers. Robinson made one tackle.
- Bryce Young started at quarterback for the Panthers. Young completed 21-of-32 passes for 191 yards with two touchdowns and no interceptions and ran four times for 20 yards. Young threw touchdown passes of 22 yards to wide receiver Tetairoa McMillan as Carolina took a 13-7 lead with seven seconds left in the first half and 6 yards to tight end Ja’Tavion Sanders as the Panthers went ahead 20-17 with eight seconds left in the third quarter.
PANTHERS TOP BUCS: ‘BRYCE AND THE BOYS MADE SOME PLAYS TO KEEP US ALIVE’
Buffalo Bills 23, Cleveland Browns 20
- Browns wide receiver Isaiah Bond had one rushing attempt that lost 1 yard, and while he did not have a reception, he had 21 receiving yards. Cleveland wide receiver Malachi Corley caught a pass 6 yards behind the line of scrimmage and lateraled to Bond, who ran 27 yards to the Buffalo 23-yard line. The play set up a touchdown on the Browns’ opening possession.
- Browns offensive lineman Darrian Dalcourt is on the practice squad and not eligible to play.
- Browns running back Jerome Ford is on injured reserve and not eligible to play.
- Jerry Jeudy started at wide receiver for the Browns. Jeudy had three receptions for 12 yards.
- Bills defensive tackle Phidarian Mathis made four tackles after not playing in the previous five games.
- Cam Robinson started at left offensive tackle for the Browns.
- Tyrell Shavers started at wide receiver for the Bills. Shavers had a 21-yard reception.
Los Angeles Chargers 34, Dallas Cowboys 17
- Tyler Booker started at right guard for the Cowboys.
- Bradley Bozeman (Handley) started at center for the Chargers.
- Trevon Diggs started at cornerback for the Cowboys. Diggs made six tackles. Diggs played for the first time since Oct. 12 after being sidelined for the past eight games by a concussion and knee soreness.
- Chargers defensive tackle Justin Eboigbe made one tackle on special teams.
- Da’Shawn Hand started at defensive tackle for the Chargers. Hand made two tackles.
- Chargers running back Najee Harris is on injured reserve and not eligible to play.
- Cowboys wide receiver Traeshon Holden is on the practice squad and not eligible to play.
- Chargers punter JK Scott had one punt for 55 yards, which went for a fair catch at the Dallas 19-yard line.
- Cowboys defensive tackle Quinnen Williams (Wenonah) was designated as a game-day inactive. A concussion kept Williams out of the lineup.
Cincinnati Bengals 45, Miami Dolphins 21
- Jordan Battle started at safety for the Bengals. Battle tied for the team lead with five tackles on defense and had five tackles on special teams. Battle also caused Miami tight end Greg Dulcich to fumble, and Cincinnati recovered at the Dolphins 34-yard line. The Bengals turned the takeaway into a touchdown to take a 24-14 lead with 9:43 left in the third quarter.
- Dolphins safety Minkah Fitzpatrick was designated as a game-day inactive. A calf injury kept Fitzpatrick out of the lineup.
- Bengals center Seth McLauglin is on the practice squad and not eligible to play.
- Tua Tagovailoa was designated as the Dolphins’ emergency third quarterback. Tagovailoa could play only if Quinn Ewers and Zach Wilson could not. It was the first game since the first five of Tagovailoa’s career in 2020 that he did not start when healthy.
- Jaylen Waddle started at wide receiver for the Dolphins. Waddle led Miami with five receptions for 72 yards.
New Orleans Saints 29, New York Jets 6
- John Metchie III started at wide receiver for the Jets. Metchie had a 4-yard reception.
- Ga’Quincy “Kool-Aid” McKinstry (Pinson Valley) started at cornerback for the Saints. McKinstry made five tackles and broke up one pass.
- Malachi Moore (Hewitt-Trussville) started at safety for the Jets. Moore made eight tackles and forced one fumble. Moore caused Taysom Hill to fumble on the second snap of the game, and New York recovered at the New Orleans 37-yard line to set up a field goal.
- Jets running back Keilan Robinson is on the practice squad and not eligible to play.
Minnesota Vikings 16, New York Giants 13
- Jonathan Allen started at defensive tackle for the Vikings. Allen made eight tackles, recorded one sack and had two tackles for loss. Allen registered his highest tackle total since he had eight in the Washington Commanders’ 20-20 tie with the New York Giants on Dec. 4, 2022. Allen has 3.5 sacks this season.
- Ryan Kelly started at center for the Vikings. Kelly left the game to be evaluated for a concussion. He has missed time this season because of two concussions already.
- Giants offensive linebacker Evan Neal is on injured reserve and not eligible to play.
- Vikings kicker Will Reichard (Hoover) made his four kicks – field goals of 43, 31 and 30 yards and one extra point. Reichard’s 30-yard field goal with 4:15 to play broke a 13-13 tie.
- Dallas Turner started at outside linebacker for the Vikings. Turner made one tackle.
Tennessee Titans 26, Kansas City Chiefs 9
- Jalyn Armour-Davis (St. Paul’s Episcopal) started at cornerback for the Titans. Armour-Davis made two tackles. He returned to the lineup after missing the past three games.
- J.C. Latham started at right offensive tackle for the Titans.
- Titans wide receiver Calvin Ridley is on injured reserve and not eligible to play.
Atlanta Falcons 26, Arizona Cardinals 19
- Ronnie Harrison started at inside linebacker for the Falcons. Harrison made two tackles.
- Falcons safety DeMarcco Hellams is on injured reserve and not eligible to play.
- Dalvin Tomlinson started at nose tackle for the Cardinals. Tomlinson made three tackles.
- Cardinals offensive tackle Jonah Williams is on injured reserve and not eligible to play.
- Cardinals linebacker Mack Wilson (Carver-Montgomery) is on injured reserve and not eligible to play.
Jacksonville Jaguars 34, Denver Broncos 20
- Broncos outside linebacker Que Robinson (Jackson-Olin) made two tackles on defense, recorded one tackle for loss, registered two quarterback hits, broke up one pass and had one tackle on special teams.
- Broncos linebacker Drew Sanders is on injured reserve and not eligible to play.
- Patrick Surtain II started at cornerback for the Broncos. Surtain made one tackle.
Pittsburgh Steelers 29, Detroit Lions 24
- Lions cornerback Terrion Arnold is on injured reserve and not eligible to play.
- Lions safety Brian Branch is on injured reserve and not eligible to play.
- Jahmyr Gibbs started at running back for the Lions. Gibbs ran for 2 yards on seven carries – the fewest rushing yards in his career. He also caught 10 passes for 66 yards and one touchdown. Gibbs’ 4-yard reception from quarterback Jared Goff with 4:11 left to play gave the running back the NFL record for the most touchdowns in a player’s first three seasons. With his 48th, Gibbs surpassed Barry Sanders’ record of 47.
JAHMYR GIBBS SETS AN NFL TOUCHDOWN RECORD
- Jameson Williams started at wide receiver for the Lions. Williams had five receptions for 70 yards as he reached 1,000 receiving yards for the second season in a row.
JAMESON WILLIAMS REACHES RECEIVING MILESTONE
Houston Texans 23, Las Vegas Raiders 21
- Will Anderson Jr. started at defensive end for the Texans. Anderson made two tackles and recorded one sack. Anderson has reached a career high with 11.5 sacks.
- Texans linebacker Christian Harris made one tackle on special teams.
- Henry To’oTo’o started at linebacker for the Texans. To’oTo’o made four tackles.
FOR MORE OF AL.COM’S COVERAGE OF THE NFL, GO TO OUR NFL PAGE
Week 16 started on Thursday night, when the Seattle Seahawks defeated the Los Angeles Rams 38-37 in overtime.
Week 16 continued on Saturday, when the Philadelphia Eagles defeated the Washington Commanders 29-18 and the Chicago Bears defeated the Green Bay Packers 22-16 in overtime.
Week 16 concludes on Monday, when the San Francisco 49ers and Indianapolis Colts square off at 7:15 p.m. CDT at Lucas Oil Stadium in Indianapolis. ABC and ESPN will televise the game.
Three wins to a national title.
Every game from here out is the biggest in IU football history.
In a national quarterfinal matchup, the No. 1 Hoosiers (13-0) will face No. 9 Alabama (11-3) on Thursday, Jan. 1 at 4 p.m. ET at the Rose Bowl in Pasadena, Calif. (ESPN). The game marks the first ever meeting of these programs.
Indiana and Alabama could not have more different histories.
Alabama claims 18 national titles and 30 conference championships, while IU has never won a national title and can claim just three league titles. Alabama has the third-most wins in college football history, while the Hoosiers have the second-most losses.
But while the game is a historical mismatch, Indiana will take the field as the favorite.
Most sports books have IU as a 6.5 to 7-point favorite over the Crimson Tide in The Rose Bowl.
In the analytical models, ESPN’s Football Power Index gives No. 1 Indiana a 71.4% chance to beat No. 8 Alabama. ESPN’s SP+ likes No. 2 Indiana over No. 15 Alabama by 13.1 points.
Alabama played five games against teams currently ranked in the CFP Top-25: Two games against Georgia and Oklahoma, and a game against Vanderbilt. The Tide went 3-2 in those games.
FPI says Alabama played the sixth-hardest schedule this season, while IU played the 28th most difficult. Meanwhile IU has the No. 1 strength of record, and Alabama No. 10.
The lone common opponent for Indiana and Alabama is Wisconsin, a team both the Hoosiers and Crimson Tide beat on their respective home fields by 24 points.
Alabama is led by head coach Kalen DeBoer, who is in his second season in charge in Tuscaloosa. DeBoer is 20-7 in his two seasons at Alabama, and 124-19 overall as a head coach. He and former IU quarterback Michael Penix, Jr. led Washington to the national championship game in 2023.
DeBoer is one of several members of the Alabama coaching staff who were once coaches at Indiana.
DeBoer was the IU offensive coordinator in 2019. Crimson Tide quarterbacks coach Nick Sheridan was at IU from 2017-2021 and was offensive coordinator the last two years. Defensive coordinator Kane Wommack was at IU from 2018-2020 and defensive coordinator the last two years. Defensive backs coach Jason Jones was the IU safeties coach from 2020-2022. And strength coach David Ballou is an IU alumnus and was the IU strength coach from 2018-2020.
Alabama is No. 39 nationally in scoring offense, putting up 31.4 points per contest. Indiana is the nation’s No. 2 scoring defense at 10.8 points allowed per game.
The Crimson Tide are No. 13 in scoring defense, allowing just 17.9 an outing. IU is No. 4 in scoring offense at 41.9 points per contest. The most points scored by any team against Alabama this season was 31 by Florida State in a season-opening loss.
6-foot-2 junior quarterback Ty Simpson has completed 64.1 % of his throws for 3,500 yards, with 28 touchdowns and just five interceptions. Including sacks, he has rushed for just 76 yards and two touchdowns this season.
PFF grades Alabama as having the No. 31 offense, the No. 14 defense, and the No. 22 special teams in the country.
The weather shouldn’t be a factor in this game. Rain is rare in Southern California this time of year, and the temperature should be pleasant. The current long-term forecast calls for partly cloudy skies and a high of 67 degrees. We’ll check back on this as the game gets closer.
We will of course have much more on this game in the days to come.
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