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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 offensive lineman transferring to Georgia Tech

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Alabama offensive lineman transferring to Georgia Tech


Georgia Tech

Joseph Ionata, who spent two years with the Tide, will be joining former teammate Jaylen Mbakwe.

Georgia Tech fans celebrate during the second half against Syracuse on Saturday, Oct. 25, 2025, at Bobby Dodd Stadium in Atlanta. (Hyosub Shin/AJC 2025)

A second former member of the Alabama Crimson Tide is transferring to Georgia Tech.

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Offensive lineman Joseph Ionata intends to play for the Yellow Jackets, according to On3. Ionata spent two years with the Tide and would be joining former Alabama defensive back and wide receiver Jaylen Mbakwe.

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Chad Bishop is a Georgia Tech sports reporter for The Atlanta Journal-Constitution.

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Alabama Farmers Federation endorses Kristin Nelson for House District 38

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Alabama Farmers Federation endorses Kristin Nelson for House District 38


The Alabama Farmers Federation has endorsed Kristin Nelson in the upcoming special election for Alabama House District 38, a seat left vacant following the resignation of Rep. Debbie Wood (R-Valley). The district includes portions of Chambers and Lee counties.

Nelson recently secured the Republican nomination after winning a runoff election. The special general election is scheduled for Tuesday, February 3.

“Kristin Nelson is a well-respected community leader in Chambers County, and we are proud to endorse her,” said Jason McKay, president of the Chambers County Farmers Federation. “We know she will represent us well in Montgomery and ensure District 38 gets the attention it needs in the business and agricultural arenas.”

Support for Nelson’s candidacy also came from farmers in neighboring Lee County. “Kristin Nelson is a strong conservative with incredible knowledge of House District 38,” said Robert Walters, president of the Lee County Farmers Federation. “There is no doubt she will work hard and represent the people of Lee and Chambers counties well in the Legislature.”

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Nelson grew up along the Chambers-Lee county line and brings experience from both the public and private sectors. Her background includes seven years in city administration with the City of Valley and three years as a third-grade teacher with Lanett City Schools.

She has also been active in homeschooling through Classical Conversations, where she has served as both a tutor and a local representative supporting other families.

In addition to returning to part-time work with Harris Gray LLC, Nelson serves as worship leader at Fairfax Methodist Church, secretary of the Junior Variety Club and president of the EAMC Lanier Auxiliary Board.

She also founded the Chambers County Young Republicans and currently serves as the chair of the Chambers County Republican Party.

“The farmers of this district and I share the same strong work ethic and conservative values,” said Nelson. “It is an honor to have their support and to be able to represent them and all the people of this district in Montgomery.”

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Nelson and her husband, Jeff, live in the Huguley community with their two teenage sons.

The Alabama Farmers Federation is the state’s largest farm organization, representing more than 360,000 member families. The organization uses a grassroots endorsement process that relies on decisions made by county Farmers Federation boards of directors in local elections.

 Sherri Blevins is a staff writer for Yellowhammer News. You may contact her at [email protected].



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Tuberville officially files for 2026 Alabama governor’s race

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Tuberville officially files for 2026 Alabama governor’s race


HOOVER, Ala. (WSFA) – Senator Tommy Tuberville officially filed the paperwork to run for governor at the Alabama Republican Party Headquarters in Hoover Monday morning.

“I want to make the lives of the people of this state better,” said Sen. Tuberville. “If I thought that staying in the U.S. Senate would be best for Alabama, I would’ve stayed. but I think the best thing for Alabama is for me to come back.”

He talked about the need to grow Alabama’s economy, with attracting manufacturers being a primary focus. Sen. Tuberville said that to do that, he would focus on improving the state’s infrastructure and making the state’s education and workforce systems more attractive to new residents.

When asked about cutting waste, fraud and abuse, a focus of his time in Washington, D.C., alongside President Donald Trump’s Department of Government Efficiency, Sen. Tuberville said, he expects to make changes if elected governor.

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“You have a lot of different agencies here, we want to make them all better,” he said. “We also want to make sure that we save the taxpayers’ money, that we use it wisely and we give it back to them.”

The former Auburn football coach said he did not expect to go into politics, but now, he is ready to transition from national to state politics.

“It’s time to come home, put together a staff and worry about the state of Alabama and the people here,” he said.

According to Alabama’s constitution, someone running for governor has to have lived in the state for at least seven years. Some have questioned whether Sen. Tuberville fits that requirement. He said during the candidacy filing that the Republican Party of Alabama says he does fulfill the requirement.

The filing deadline for candidates to qualify for a major political party is Jan. 23.

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Alabama’s Democratic primary has the following candidates:

  1. Former U.S. Sen. Doug Jones
  2. Dr. Will Boyd – businessman and engineer
  3. JaMel Brown – pastor and talk show host
  4. Chad ‘Chig’ Martin – businessowner

Alabama’s Republican Primary has the following candidates:

  1. Sen. Tommy Tuberville
  2. Ken McFeeters – former congressional candidate

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