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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

How to Watch No. 3 Alabama Softball vs. No. 21 South Carolina

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How to Watch No. 3 Alabama Softball vs. No. 21 South Carolina


Alabama has a quick turnaround to flush its first SEC series loss of the season at Tennessee as the No. 3 Crimson Tide prepares to face No. 21 South Carolina in the regular-season finale at Rhoads Stadium for a three-game series beginning on Thursday.

All three games between Alabama and South Carolina will be streaming only on SEC Network+.

Last year, the Gamecocks took two of three games from the Tide in the regular season series in Columbia under first year head coach Ashley Chastain Woodard, and then beat Alabama in the SEC tournament.

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This year, Alabama (44-6, 16-5 SEC) is still fighting for a chance at the regular season conference title two games behind Oklahoma with three games to go. At a minimum, the Tide wants to secure a double-bye in the SEC tournament and as high a seed in the NCAA tournament as possible.

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“We need to do our job this year, at home especially, going into the SEC tournament and possible seedings for the NCAA,” Alabama head coach Patrick Murphy said. “This is a big weekend for both of us. I know she’d probably say the same thing. But this is huge for us.”

The Gamecocks are coming off back-to-back conference series wins over Missouri and Texas A&M while Alabama is coming in off its first conference series loss. Here’s everything you need to know about this weekend’s series.

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How to watch: Alabama vs. South Carolina

Who: No. 21 South Carolina (30-22, 7-14 SEC) at No. 3 Alabama (44-6, 16-5 SEC)

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When: Thursday, April 30 – 6 p.m. CT
Friday, May 1 – 6 p.m. CT
Saturday, May 2- 1 p.m. CT

Where: Rhoads Stadium, Tuscaloosa, Alabama

TV: SEC Network+

Radio: The Crimson Tide Sports Network on Catfish 100.1 FM in Tuscaloosa (or online) with Tom Canterbury on the call.

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Series history: Alabama leads, 33-10
In Tuscaloosa: 19-2 | In Columbia: 14-7 | At Neutral Sites: 0-1

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Last meeting: South Carolina eliminated Alabama from the SEC tournament in Athens, Georgia last season with a 6-2 victory over the Crimson Tide. Alabama scored two runs in the first inning, including a leadoff home run by Audrey Vandagriff, before the Gamecocks reeled off six unanswered.

Last time out, Alabama: The Crimson Tide lost to Tennessee, 4-1, in the series finale on Monday. Alabama was on the verge of being shut out for the second straight game before a pinch hit home run by Mari Hubbard in the seventh inning.

Last time out, South Carolina: The Gamecocks run ruled South Carolina State, 9-1, in six innings on Tuesday night for their final non-conference game in the regular season.

Alabama statistical leaders:

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Batting average: Brooke Wells- .419

RBIs: Brooke Wells- 55

Home runs: Brooke Wells- 56

ERA: Jocelyn Briski- 1.50

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Wins: Jocelyn Briski- 19

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Strikeouts: Jocelyn Briski- 153

South Carolina statistical leaders:

Batting average: Karley Shelton- .358

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RBIs: Tori Ensley- 45

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Home runs: Tori Ensley- 113

ERA: Jori Heard- 1.77

Wins: Jori Heard- 11

Strikeouts: Jori Heard- 113

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Governor Ivey names Greg Lovelace as new Alabama Department of Corrections commissioner

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Governor Ivey names Greg Lovelace as new Alabama Department of Corrections commissioner


MONTGOMERY, Ala. (WSFA) – After more than four years at the helm of the Alabama Department of Corrections, Commissioner John Hamm is officially retiring, Governor Kay Ivey announced Tuesday.

Hamm, who served in law enforcement for more than 35 years, came to the post in January 2022. During his tenure, state officials point to a range of developments within the corrections system, including progress on the construction of two new men’s prisons, increased recruitment and retention of corrections officers, and enforcement of stricter conduct policies for staff and inmates.

“It has been the honor of my serve to serve in Governor Ivey’s Administration, and I thank her for giving me that opportunity and empowering me to lead the Department of Corrections forward,” Hamm said. “Governor Ivey’s unwavering support for the Department has been outstanding. When I started at Corrections in 2022, Governor Ivey gave me the charge of making the Department better and with her support, as well as the support of her staff and the hardworking men and women of ADOC, we have accomplished that.”

In a statement, Ivey credited Hamm with helping advance improvements within the department, while noting that ongoing efforts remain. She also announced her appointment of corrections and law enforcement veteran Greg Lovelace as Hamm’s replacement.

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Governor Kay Ivey taps Greg Lovelace to serve as the new Alabama Department of Corrections Commissioner.(Office of Governor Kay Ivey)

She said Lovelace’s experience in corrections and law enforcement positions him to continue that work through the remainder of her term.

Lovelace brings more than 3 decades of corrections experience to the position. During his tenure within the Department of Corrections, he oversaw maintenance and construction projects while management all prisons within the system.

The Governor called him a “true public servant” who is “once again answering the call to lend his leadership to the state.”

Lovelace will begin his tenure on May 1.

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‘I want to see lower rates in Alabama’: Britt presses Energy Secretary on lowering power bills

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‘I want to see lower rates in Alabama’: Britt presses Energy Secretary on lowering power bills


Sen. Katie Britt (R-Montgomery) pressed Energy Secretary Chris Wright on lowering energy costs for Alabama families during a Senate Appropriations subcommittee hearing reviewing the Department of Energy’s fiscal year 2027 budget request.

Britt opened her questioning by focusing on data center development and its impact on residential ratepayers.

“We have to keep that compute power advantage. That is critically important,” Britt said. “But in the larger conversation, we want to make sure that that advantage and the cost of that doesn’t actually fall on family’s power bills. Between 2021 and 2025, we saw residential power bills go up in this nation over 40%. It’s totally unacceptable.”

She noted that wholesale electricity prices in data center heavy regions surged over 250% during the same period, and credited the Trump Administration’s Ratepayer Protection Pledge and Energy Dominance Financing announcement with freezing rates in Alabama and Georgia.

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“But ultimately, we’ve got to figure out how do we drill down and how do we actually lower rates, not just freeze them?” Britt said. “I want to see lower rates in Alabama.”

Wright outlined steps the department is taking to bring costs down.

“We worked with you and the Senate and the House to finally end the 34 years of wind subsidies and solar subsidies,” Wright said. “We’re focusing on, in the short term, how can we get more out of our existing grid? We’re upgrading hydro facilities. We’re upgrading natural gas facilities. We’ve restarted a nuclear power plant, which will have a ribbon cutting on very soon.”

Britt also raised grid cybersecurity and workforce development, citing work underway at Auburn University through SERC-3, and asked Wright to dedicate budget resources to grid security workforce needs. Wright confirmed the department’s commitment.

Sawyer Knowles is a capitol reporter for Yellowhammer News. You may contact him at [email protected].

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