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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

Three Takeaways from No. 1 Alabama’s Sweep of LSU in Supers

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Three Takeaways from No. 1 Alabama’s Sweep of LSU in Supers


No. 1 Alabama’s 2026 season is rolling into Oklahoma City for the Women’s College World Series after the Crimson Tide won its first two games of the weekend against No. 16 LSU in the super regional round at Rhoads Stadium.

It was more dominance from the Tide pitching staff as Jocelyn Briski pitched a complete-game shutout on Friday in the 7-0 win, and Briski earned the save in Game 2 after freshman Vic Moten allowed only run over four innings in her first super regional start for the 4-1 victory.

Alabama got offensive contributions from different parts of the lineup with Alexis Pupillo having the best weekend with four hits, including two home runs.

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Next up for the Crimson Tide (54-7), is a date with No. 8 UCLA (52-8) this Thursday on the opening day of the Women’s College World Series. But before then, here are three of my biggest takeaways from Alabama’s performance in super regionals:

Alabama has the pitching to win a national title

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May 23, 2026; Tuscaloosa, AL, USA; Alabama catcher Marlie Giles (34) and Alabama pitcher Jocelyn Briski (23) jump into each others arms after the Tuscaloosa NCAA Super Regional between Alabama and LSU. Alabama advanced to the College World Series with a 4-1 victory and a series sweep. | Gary Cosby Jr.-Tuscaloosa News / USA TODAY NETWORK via Imagn Images

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Eight teams across the country punched their tickets to Oklahoma City over the weekend. Some, like Alabama and Tennessee, are expected to be there. Some, like Mississippi State, will be making their first appearance at the WCWS. And some familiar faces, like Oklahoma and Florida, will not be in OKC starting Thursday.

Oklahoma and Florida have a combined 35 WCWS appearances and 10 national titles. Either the Sooners or the Gators have won eight of the last 11 national titles dating back to 2014. Neither team had the pitching to get out of Supers. Oklahoma gave up 18 runs across three games to Mississippi State. Florida allowed 28 runs over the three games against Texas Tech. Alabama has allowed one run over five total games played in the NCAA tournament.

The competition was elevated this weekend as Alabama played an SEC foe in LSU compared to the mid-major schools during the regional round, and the Tide’s top-two pitchers still made it extremely difficult on opposing batters.

Briski and Moten continued to limit free passes with just two total walks compared to 23 strikeouts over the two wins. Briski was even dealing with a little sickness on Friday and appeared to shut down the Tigers with ease.

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Anything can happen in Oklahoma City, and Alabama will be tested off the bat against a UCLA offense that leads the nation in home runs with 196. But the Tide should have the arms to keep it in any game and make a deep run at the WCWS.

Weather-tested before OKC

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The University of Alabama softball team in action against LSU during NCAA Super Regionals at Rhoads Stadium in Tuscaloosa, AL on Saturday, May 23, 2026 | UA Athletics

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Alabama and LSU had to sit through two separate weather delays on Saturday that lasted about four hours total. As Alabama head coach Patrick Murphy pointed out multiple times throughout the weekend, these players are used to dealing with weather delays from all the years they’ve spent growing up playing travel softball.

But just because they are used to it doesn’t mean that a weather delay is ideal. When your team has all the momentum, any sort of break literally stops that momentum. Alabama was rolling before the first weather delay and had just taken a 4-1 lead in the fourth inning.

The offense did not score again (credit to LSU pitcher Jayden Heavener), but the team still came out of both breaks with the energy needed to close out the game.

Weather delays in Oklahoma City at the WCWS are almost an inevitability. I mean, the city’s lone major professional sports franchise is literally named the Thunder. Several super regionals around the country were affected by weather this weekend, so it won’t just be Alabama that is prepared, but coming fresh off two long delays gives the Crimson Tide that recent experience in case it arises in OKC.

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Offense steps up without Wells at her best

Alabama Softball Player Salen Hawkins (47) in action against LSU during NCAA Super Regionals at Rhoads Stadium in Tuscaloosa, AL on Saturday, May 23, 2026. | UA Athletics
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Sophomore transfer Brooke Wells has been the engine that powers the Alabama offense this year. For most of the year, she has led the team in batting average, home runs and RBIs. She still leads the team in HRs (23) and RBIs (65.) During super regionals against LSU, Wells went 0-for-8 with five strikeouts.

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Alabama still managed to put up 11 total runs across the two games against a solid LSU pitching staff without its best hitter reaching base. Alexis Pupillo brought the power with a home run in each game, and Jena Young had two hits out of the leadoff spot in Game 1, including a bases-clearing double.

The bottom of the lineup came through as well with Salen Hawkins collecting a hit in each game out of the eight-spot. Her two-out, two-RBI single in the fourth inning of Game 2 provided the cushion Alabama needed to put away the Tigers

Wells is used to playing in big games and stepping up to the plate in big moments for the Crimson Tide at times this season, but this is her first trip to the NCAA tournament. Alabama can win without her reaching base–– the Tide proved it this weekend. But in order for Alabama to make a deep run in OKC and have a good chance of winning its first national title since 2012, it likely will need more production from the slugger.

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Alabama Baseball Selected As NCAA Regional Host

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Alabama Baseball Selected As NCAA Regional Host


The Alabama baseball program has been selected by the NCAA as one of the 16 host sites for next weekend’s NCAA baseball regional. The Crimson Tide were chosen after finishing fourth in the SEC and amassing a 37-19 record with four sweeps in conference play.

The seeding is set to be announced on Monday at 11 a.m. CT, where Alabama will find out if it is chosen as a top-eight seed and will find out what opponents are coming to Tuscaloosa next weekend. A top-eight seed puts the Crimson Tide program in position to host the Super Regional round the following weekend.

“This team’s won six SEC weekends,” Alabama head coach Rob Vaugh said. “We’ve swept four of them I believe. We’ve won 18 games. And this team’s just battle-tested. Like, last year’s group, we didn’t get swept last year, which was great. It’s cool. But at the end of the day, we also didn’t do some of the special things that we’ve done this year.

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“I think this group is just, they’re confident and I think they believe in each other. And I think obviously the three dudes on the front have been good. Obviously, you miss a guy like Riley Quick from last year, that guy was pretty special. But all those guys have gotten better. Tyler Fay’s a better version of himself right now than he was last year.

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“Zane Adams is a better version of himself. Myles Upchurch is a young phenom that’s emerged as a young superstar for us. I think when you can run three starters out like that, that gives you a chance against anybody. And they give you a shot.”

Alabama is 0-4 in the last two seasons in the regional round, losing games as a two-seed in the Hattiesburg Regional and the Tallahassee Regional. The Crimson Tide last hosted an NCAA Regional in 2023, winning three games in a row to advance to the Winston-Salem Super Regional. The program looks to return to the College World Series in Omaha for the first time since 1999.

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NCAA Baseball Regional Sites (Alphabetically by Location)

Host

Location

Conference

Record

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Georgia

Athens, Ga.

SEC

45-12

Georgia Tech

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Atlanta

ACC

48-9

Auburn

Auburn, Ala.

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SEC

38-19

Texas

Austin, Texas

SEC

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40-13

North Carolina

Chapel Hill, N.C.

ACC

45-11-1

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Texas A&M

College Station, Texas

SEC

39-14

Oregon

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Eugene, Ore.

BIG 10

40-16

Florida

Gainesville, Fla.

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SEC

39-19

Southern Miss

Hattiesburg, Miss.

Sun Belt

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43-15

Kansas

Lawrence, Kan.

BIG 12

42-16

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Nebraska

Lincoln, Neb.

BIG 10

42-14

UCLA

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Los Angeles

BIG 10

51-6

West Virginia

Morgantown, Wva.

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BIG 12

39-14

Mississippi State

Starkville, Miss.

SEC

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40-17

Florida State

Tallahassee, Fla.

ACC

38-17

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Alabama

Tuscaloosa, Ala.

SEC

37-19

This story will be updated with game dates and times once the NCAA bracket is fully revealed on Monday morning.

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Alabama coal ash lawsuit can continue, appeals court rules

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Alabama coal ash lawsuit can continue, appeals court rules


This article originally appeared on Inside Climate News, a nonprofit, non-partisan news organization that covers climate, energy and the environment. Sign up for their newsletter here. A yearslong court battle over the 21.7 million tons of coal ash sitting in one of Alabama’s most ecologically sensitive areas will continue after an appeals court ruling handed […]



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