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Physicians share concerns over IVF treatments pausing after Alabama court ruling

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Physicians share concerns over IVF treatments pausing after Alabama court ruling


Dr. Beth Malizia, an Alabama physician, went through 12 years of training to provide patients with fertility care. But the doctor and co-owner of Alabama Fertility says her hands are tied after the Alabama Supreme Court issued a decision that frozen embryos are considered children.

The clinic is one of three facilities in the state that have halted in vitro fertilization (IVF) treatments amid concerns that their practices could run into legal troubles.

“Patients come first. That’s what we’re taught all the way through from the time we decide to go into medicine, and this is a decision that sort of takes that away from us,” Malizia said.

“The counsel, our lab director and all the physicians at Alabama Fertility have struggled with this for many hours and some made some really, really hard phone calls over the last couple of days,” said Malizia.

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The clinic has paused all frozen embryo transfers, but will continue new patient visits, other standard fertility care, surgeries and continue care for patients currently on medications who are in the middle of a cycle, Malizia said.

Making calls to patients whose treatment the clinic paused has been “absolutely horrible” and “heart-wrenching,” she said.

Dr. Beth Malizia is interviewed by ABC News’ Elizabeth Schulze.

ABC News

In the ruling, the court said it would open door to civil and potentially criminal lawsuits over the mishandling of embryos. Physicians like Malizia say they are now fearful they could face wrongful death lawsuits — or potentially criminal charges — for discarding unused embryos, a routine part of IVF, or unintentionally mishandling embryos.

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The ruling came as part of a lawsuit filed by couples whose embryos were destroyed after a patient wandered into a fertility clinic and dropped them. The couples tried to file a wrongful death suit, but a lower court had thrown out the case. The state Supreme Court then reversed that decision and set a new precedent that embryos are children.

In a concurring opinion, Alabama Chief Justice Tom Parker – who has a long record of issuing anti-abortion opinions – cited Scripture, writing that “human life cannot be wrongfully destroyed without incurring the wrath of a holy God.”

Among the three fertility providers that suspended IVF treatment is the state’s largest healthcare system, UAB Hospital. Four remaining providers have not suspended IVF treatment.

“We are in a position where we just don’t know what the legal ramifications are of an embryo that gets thawed. Embryos don’t always survive [transfer],” Malizia said.

Signs of more clarity began to surface on Friday, after a week of pushback on the ruling from families trying to conceive through IVF and an outpouring of criticism, particularly from Democrats and moderate Republicans.

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PHOTO: Alabama Fertility, an IVF clinic, is shown in Birmingham, Alabama, on Feb. 23, 2024.

Alabama Fertility, an IVF clinic, is shown in Birmingham, Alabama, on Feb. 23, 2024.

Dustin Chambers/Reuters

Alabama Attorney General Steve Marshall, the state’s top law enforcement official, said he has no intention of “using the recent Alabama Supreme Court decision as a basis for prosecuting IVF families or providers,” the office’s Chief Counsel Katherin Robertson said in a statement Friday.

Alabama Governor Kay Ivey also said Friday that she’s “working on a solution” with Republican colleagues in the House and Senate to pass legislation that would guard IVF treatments in the state.

“Following the ruling from the Alabama Supreme Court, I said that in our state, we work to foster a culture of life. This certainly includes some couples hoping and praying to be parents who utilize IVF,” Governor Kay Ivey said in a statement to ABC News.

But the legal ruling has shown the fragility of IVF treatment in a post-Roe vs. Wade America, where the debate over when life begins has led many abortion rights advocates to speculate that IVF could become collateral damage.

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Some physicians could be deterred from working in fertility in Alabama, said Sean Tipton, chief advocacy and policy officer at the American Society for Reproductive Medicine.

Tipon said physicians in the state are scared. “They are also angry, which is understandable, and they are also tremendously sad for their patients, in part because they don’t know what to tell their patients,” said Tipton.

“Just imagine being a physician who you’ve built your career on being able to help these people have babies, and you spend a lot of time reassuring, explaining, helping them understand and feel better about the process they’re going through — and now you can offer none of that,” Tipton said of physicians.

PHOTO: In this Dec. 20. 2017, file photo, nitrogen tanks holding tens of thousands of frozen embryos and eggs sit in the embryology lab at New Hope Fertility Center in New York.

In this Dec. 20. 2017, file photo, nitrogen tanks holding tens of thousands of frozen embryos and eggs sit in the embryology lab at New Hope Fertility Center in New York.

The Washington Post via Getty Images, FILE

The fallout from the court ruling could spread beyond IVF treatment, Tipton said.

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“I think the first impact with physicians is going to be young physicians choosing not to go there for their training. [And] University of Alabama Birmingham is one of the top public medical schools in the country,” Tipton said.

Tipton said the decision and risk of being sued could also discourage other medical workers, including nurses, from working in fertility clinics in the state; they would likely consider working in other specialties or even leaving the state.

Tipton heavily criticized the decision and its consequences.

“It absolutely makes no sense that people who loudly proclaim themselves to be ‘pro-life’ somehow oppose the use of what is the most ‘pro-life’ medical procedure there is out there. The only thing that in vitro fertilization does is help people have children,” Tipton said.

Patients struggle with news IVF has been paused

Patients interviewed by ABC News shared their heartbreak and concerns over not being able to continue their IVF treatments. For fertility patients in Alabama looking to start or expand their families, the past week has brought a lot of sudden changes to the carefully laid plans often required by the IVF process.

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Gabbie Price, 26, and her husband have been financially planning to begin IVF for over a year, downsizing from a house to a camper van to cut costs and getting a new job because of the fertility benefits.

But their plan to start treatment in March has been halted by the ruling. Price said they’re now exploring options out-of-state because even if they found a clinic in Alabama to handle her care, she would be concerned about the potential liabilities.

“I’m terrified to have embryos here,” Price said at her home in Leeds, Alabama.

“I don’t know what that’s gonna look like, I don’t know what sort of rights we’re going to have over the embryos that we create,” she said.

PHOTO: Alabama IVP patient Gabby Price is interviewed by ABC News' Elizabeth Schulze.

Alabama IVP patient Gabby Price is interviewed by ABC News’ Elizabeth Schulze.

ABC News

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Tucker Legerski and his wife, who live in nearby Tuscaloosa, Alabama, have been trying to have children since they got married in 2021. They began IVF about a year ago.

Their first embryo transfer ended with a miscarriage at eight weeks.

They were planning their second embryo transfer for some time in April, but the court decision upended their plans.

“Those embryos are our best hope for making kids right now. So that’s what hurts the most, I think,” Legerski said.

“If we aren’t able to use those embryos, then we have a much lower chance of having children,” Legerski said.

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Angela Granger, 41, a Georgia resident who traveled to Alabama for IVF treatment to conceive her son, told ABC News she turned to the procedure after an ectopic pregnancy almost cost her one of her fallopian tubes.

Granger, who delivered her son in May 2021, and has been hoping to add another child to her family, decided after the state Supreme Court ruling that she wouldn’t pursue IVF in Alabama. While encouraged by lawmakers who say they will take action to protect the procedure, Granger said she needs to see legislation “in writing” before she is comfortable enough to undergo treatment or even store embryos there.

On Thursday, she was offered a job nearly 2,000 miles west, in Las Vegas, Nevada. She accepted.

“A big part of that is to get out of the south. If I wanted to really push and wait, I’m sure I could find a job down here. But this is just too much. I take it as a sign,” Granger said.



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Alabama

Alabama defensive back officially declares for 2026 NFL draft

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Alabama defensive back officially declares for 2026 NFL draft



Jones transferred to Alabama from Wake Forrest prior to the 2024 campaign.

Alabama defensive back DaShawn Jones has officially declared for the 2026 NFL draft.

A senior out of Baltimore, Maryland, Jones was an excellent rotational piece in the Alabama secondary throughout the 2025 campaign. Jones joined the Crimson Tide in 2024 after transferring in from Wake Forrest, and the defensive back took full advantage of the opportunities he was given and thrived in Tuscaloosa as a result. The former three-star prospect recorded 11 solo tackles and one interception this season, as the playmaker will now turn his attention towards the NFL draft in April.

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Jones was ranked as the No. 137 cornerback and the No. 1551 overall player from the class of 2021, per the 247Sports Composite rankings, prior to attending Wake Forest to begin his collegiate career. The talented defensive back played far above his expectations over the course of his college career, as the former Demon Deacon was a solid contributor during his time at both Wake Forrest and Alabama.

Jones could quickly prove to be an excellent pick up for any team that choses to draft him, as the promising playmaker’s time in Tuscaloosa officially comes to an end.

Contact/Follow us @RollTideWire on X, and like our page on Facebook to follow ongoing coverage of Alabama news, notes and opinion.





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May they see your driver license?: Down in Alabama

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May they see your driver license?: Down in Alabama


Driver license, please

A case we followed here in 2022 has found its way to the Alabama Supreme Court.

AL.com’s Sarah Whites-Koditschek reports that the question is whether Alabama Police officers can demand to see people’s driver licenses or other IDs if they have probable cause.

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In 2022, Childersburg Police answered a call about somebody on the property of people who were not home. The man, Michael Jennings, said he was watering flowers for his neighbors. The officers told him to provide an ID. He would only give his name as “Pastor Jennings” and refused to provide identification. Eventually the officers arrested him on a charge of obstructing government operations.

Attorney Ed Haden is representing the city and a group of police officers. He argued before the justices that state law gives officers with probable cause the authority to identify people, and that means a full name verified by identification.

Jennings attorney Henry Daniels argued the opposite, telling the justices that “Entitlement to live one’s life free from unwarranted interference by law enforcement or other governmental entities is fundamental to liberty.”

How low can you go?

Alabama’s preliminary, seasonally adjusted unemployment rate for December came in at a low 2.7% and was accompanied by record-breaking employment totals, reports AL.com’s Heather Gann.

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Alabama Department of Workforce Secretary Greg Reed announced the figures on Wednesday.

Records fell for the number of people counted as employed and wage and salary employment. The difference between those two stats is that “wage and salary employment” doesn’t include a few types of workers such as the self-employed.

Alabama’s 2.7% rate was down from 3.3% in November ’24. And it was tracking well below the national rate.

According to the U.S. Bureau of Labor Statistics, the U.S. unemployment rate was 4.6%. That’s low, historically speaking, but the highest it’s been since September 2021.

RIP, songwriter Jim McBride

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Huntsville native, country-music songwriter and Alabama Music Hall of Famer Jim McBride has passed away, reports AL.com’s Patrick Darrington.

McBride, who was from Huntsville, wrote or co-wrote No. 1s such as Johnny Lee’s “Bet Your Heart on Me” and Waylon Jennings’ very last chart-topper, “Rose in Paradise.”

With legends such as Kris Kristofferson, Willie Nelson and George Jones cutting his songs, he became a Nashville mainstay himself during the 1980s. In the country-music business, a lot of figures like McBride aren’t the household names of the recording artists, but the smart recording artists are going to gravitate to somebody who can take a song or a hook or an idea and turn it into something that might hit. So the songwriters become famous inside the industry and many of them are like family to the Opry stars and in high demand for late-night guitar pulls. We had another one — Bobby Tomberlin — on the podcast on Sept. 12, and he told some great stories about that life.

Well, one of those smart recording artists who wound up in McBride’s orbit in the late ’80s was a fresh-faced Alan Jackson. Their songwriter partnership produced the No. 1 songs “Someday” and CMA Single and Song of the year “Chattahoochee” as well as many others, including the Top 5s “Chasing That Neon Rainbow” and “(Who Says) You Can’t Have it All.”

That alone is a career.

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Jim McBride was 78 years old.

Quoting

“To all our ICE agents in Minnesota and across the country: if you are violently attacked, SHOOT BACK.”

U.S. Sen. Tommy Tuberville, in a response to a woman’s being shot and killed in Minnesota on Wednesday after she allegedly tried to drive her SUV into an immigration officer.

By the Numbers

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60%

That’s the percentage of Alabamians in an AL.com survey that said they expect to spend more on housing or rental costs this year compared to 2025.

Born on This Date

In 1977, actress Amber Benson of Birmingham.

The podcast

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Former Alabama OL starter transferring to SEC rival

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Former Alabama OL starter transferring to SEC rival


Alabama football will see one of its ex-starters next season. Wilkin Formby is joining Texas A&M out of the transfer portal, after three seasons with the Crimson Tide.

Formby shared the news to his Instagram account on Wednesday. He opted to enter the transfer portal after the 2025 season came to an end with a 38-3 loss to Indiana in the Rose Bowl.

The Tuscaloosa native and Northridge product played both guard and tackle this past season. Coaches praised his versatility.

“Wilkin obviously has the athleticism to to play inside, and the size,” offensive coordinator Ryan Grubb said in September. “So I think there’s a couple things that happen for Wilkin in there, his natural pad-level because he’s got his hand in the dirt, and he’s got a good base and wide frame, so he’d done a really nice job in there. So we keep working on that and expand. As long as he can stay right-handed, playing on the right side, I think the transition for him is easy.”

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Formby started out the year at right tackle, where he had previously played. He eventually moved over to guard, after Michael Carroll emerged as a viable tackle option.

The departure of Formby is part of a larger renovation of the Crimson Tide’s offensive line, which has now lost every starter besides Carroll. Kadyn Proctor and Parker Brailsford opted to leave early for the NFL Draft, while Geno VanDeMark, Kam Dewberry and Jaeden Roberts are out of eligibility.

Alabama is also losing several reserve linemen to the portal. Arkel Anugwom is entering, joining Olaus Alinen (who committed to Kentucky), Joseph Ionata and Micah DeBose.

UA has made one offensive line pickup from the portal. Former Michigan center Kaden Strayhorn is joining the Tide.

Alabama will face Formby in Tuscaloosa this season. Texas A&M visits Bryant-Denny Stadium on Oct. 24.

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Undergraduate players can opt to enter the transfer portal through Jan. 16.



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