MONTGOMERY, Ala. (WSFA) – There is a new bill in the Statehouse that some lawmakers say would allow in vitro fertilization treatments to continue.

State Sen. Tim Melson, R-Florence, filed the bill in response to the Alabama Supreme Court ruling that stopped IVF treatment by declaring an embryo as an unborn child.

Melson’s bill gives IVF providers immunity from civil or criminal prosecution except for acts unrelated to IVF services. This is vastly different than his drafted bill last week that said an embryo is a potential life but not a human one.

“The change was taken out just to make sure we don’t make a statement about when life begins,” said Melson.

According to the bill, it gives “civil and criminal immunity to persons providing goods and services related to in vitro fertilization except acts or omission that are intentional and not arising from or related to IVF services. This bill would provide for retroactive effect and would automatically repeal on April 1, 2025.”

Melson says patients are already protected.

“You have to meet certain standards for this care, and they have to be followed or you have recourse,” he said.

The bill’s sunset is cause for concern for House Minority Leader Anthony Daniels.

“That means that families that are thinking about moving to Alabama, they will start halting that. They will also start halting individuals that are thinking about starting a family months from now,” said Daniels.

“We put that in there so we can force our hands to have a more comprehensive discussion about IVF,” said Melson.

Melson says he may remove the expiration date of his legislation, but the immediate goal is to allow IVF treatment to continue.

“Never dreamed this was going to get this much attention. I’m just trying to make sure that these ladies can get back to their treatment, have a successful and stressless procedure performed, have a nice, healthy baby,” said Melson.

Last week, Daniels filed a bill that declares an embryo is not a human.

“I think that we had to be very careful as we were careless in addressing this issue in the onset, to make certain that the families in Alabama will be able to resume their appointments, but other families in the future will be able to operate,” said Daniels.

There are three bills on lawmakers’ committee calendar for Wednesday. The proposals are HB237 from Rep. Terri Collins, R-Morgan County, SB159 from Senator Melson, and SB160 from Senator Larry Suttts, R-Colbert County.

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