Alabama
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.
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.
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.
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.
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.
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.
“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.
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.
Alabama IVP patient Gabby Price is interviewed by ABC News’ Elizabeth Schulze.
ABC News
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.
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.
Alabama
Air Force base security tightens, AL reacts after attacks in Iran
Hegseth on Iran: ‘This is not Iraq. This is not endless.’
Secretary of War Pete Hegseth said operations on Iran won’t be “endless” like Iraq.
The United States and Israel-led attacks on Iran are having an impact in Central Alabama.
The military actions that began Saturday targets the military forces of Iran and the nation’s ability to build nuclear weapons.
In Montgomery, Maxwell Air Force Base and Gunter Annex have stepped up security so that all entry points will have a 100 percent ID check, the bases said on social media. The Trusted Traveler Program is suspended, which allowed Department of Defense identification holders to vouch for passengers.
Visitors without base access will have to go through the visitor center to get a pass.
Central Alabama residents react to the Iran attacks
For Travis Jackson of Montgomery, the attacks bring back memories, bad memories. He served one tour in Iraq from 2007-2008 with the U.S. Army. He attained the rank of sergeant before leaving the service and has worked the last 10 years as a community activist and diversity, equality and inclusion coordinator.
“I had a flashback of being overseas again,” he said when he first heard news of the attack. “The first thing I thought of was corporate greed. Of yet again seeing what has transpired throughout the years of any war overseas.”
He feels the attacks are a mistake.
“It’s going to be detrimental to the economy, notably with the increase in oil prices,” he said.
Removing the current regime in Iran and establishing a more western friendly country could improve hopes for a more stable Middle East, said Amy Stephens of Elmore County.
“I don’t know if there will ever be peace there,” Stephens said. “But Iran has been the causing trouble over there for almost 50 years.”
Ray Roberts of Prattville served in Operation Desert Shield/Storm in 1990 and 1991 after Iraq invaded Kuwait. He served in an ordinance company with the Alabama Army National Guard. He was a sergeant when he left the service and now works as a draftsman at a Montgomery manufacturing plant.
“It wasn’t a surprise,” Roberts said of the attacks. “President Trump had said they were coming. When he says something like that, he means it. I am glad we are working with Israel so it’s not just the United States. I wonder if Europe and some of the other Gulf nations will join the attacks.”
Contact Montgomery Advertiser reporter Marty Roney at mroney@gannett.com. To support his work, please subscribe to the Montgomery Advertiser.
Alabama
Alabama Gov. Kay Ivey receives Boy Scouts’ Circle of Honor
Alabama Gov. Kay Ivey was honored for her lifelong dedication to youth and community service during the 12th annual Black Warrior Council Boy Scouts of America Circle of Honor awards luncheon.
The ceremony, which was held Feb. 27 at the Embassy Suites hotel in downtown Tuscaloosa, serves as a fundraiser for the council’s scouting program.
The Circle of Honor award is presented to people in west central Alabama whose livelihood and actions reflect the same values of the Black Warrior Boy Scouts. Recipients have also shown advocacy for youth and leadership in the community.
Past recipients of the award include Terry Saban, Nick Saban, former U.S. Sen. Richard Shelby, scientist and philanthropist Thomas Joiner, pharmacist and retailer James I. Harrison Jr., civic leader Mary Ann Phelps and more.
Cathy Randall, a Tuscaloosa businesswoman, educator and philanthropist, presented Ivey with the award. Randall was inducted into the Circle of Honor in 2025 along with her late husband, Pettus.
Ivey said she was grateful to receive the honor by the Black Warrior Council and highlighted the importance of public service.
“I’m proud to have dedicated my life to public service, there’s no more noble calling than to uplift and empower lives,” said Ivey during the Feb. 27 ceremony.
Ivey thanked the scouting organizations, including the Black Warrior Council for its contributions to educational opportunities, economic development, and public safety.
“In particular, I’m proud of the work done by our Scouting organizations like the Black Warrior Council, who lay a foundation for successful future in both our young people and our state, thank you for all you do to build a stronger Alabama by changing lives and preparing our future leaders,” said Ivey, a native of Camden in Wilcox County.
Ivey is wrapping up her second term as governor after a long career spent primarily in government.
After graduating from Auburn University in 1967, Ivey worked as a high school teacher and a bank officer. She served as reading clerk for the Alabama House of Representatives under then-Speaker Joseph C. McCorquodale and she served as assistant director at the Alabama Development Office.
In 2002, Ivey was elected to the first of two terms as Alabama’s treasurer and in 2010, she was elected to the first of two terms as lieutenant governor. On April 10, 2017, Ivey was sworn in as Alabama’s 54th governor after the resignation of Robert Bentley. She filled out the rest of Bentley’s term before winning the gubernatorial election in 2018 and she was re-elected in 2022.
She will leave office at the end of this year.
She is the first Republican woman to serve as Alabama’s governor but she’s the second woman to hold the state’s top executive office. Tuscaloosa County native Lurleen B. Wallace, a Democrat, became Alabama’s first female governor in 1966.
Circle of Honor luncheon raises nearly $200,000
Also during the ceremony, retired DCH Health System administrator Sammy Watson, who served as the event’s emcee, announced that the council had raised $197,000 through the luncheon that day.
Proceeds from the lunch will be used to expand Boy Scouts programs, making them available to over 3,000 young people in west central Alabama.
The Boy Scouts of America is the nation’s leading outdoor education and character development program. The mission of the Boy Scouts of America is to prepare young people to make ethical and moral choices over their lifetimes by instilling in them the values of the Scout Oath and Law.
Reach Jasmine Hollie at JHollie@usatodayco.com. To support her work, please subscribe to The Tuscaloosa News.
Alabama
Circuit Judge Collins Pettaway, Jr. steps down after 13 years on the bench
SELMA, Ala. (WSFA) – After more than a decade serving Alabama’s fourth judicial circuit, Judge Collins Pettaway, Jr. is stepping away from full-time service, closing a chapter that spans nearly four decades in the legal profession.
Pettaway was elected to the bench in 2012 and served in several counties including Dallas, Wilcox, Perry, Hale and Bibb counties, the largest geographical circuit in the state.
Now, he says, it was simply time.
“I never wanted to serve in that capacity forever,” Pettaway said “And plus, I wanted to also make room for some younger, brighter minds to come forward.”
Before becoming a judge, Pettaway practiced law in Selma for nearly 30 years after being licensed in 1985. During that time, he handled cases that helped shape Alabama law; something he says he didn’t fully appreciate until colleagues reflected on his impact.
“I handled several cases which actually affected and changed the direction of the state of the law in our state,” he added. “And I didn’t realize I did all that.”
Friends and fellow legal professionals once presented him with research showing his involvement in Alabama Supreme Court cases that made significant changes in state law; a moment he describes as both surprising and humbling.
During his time on the bench, Pettaway says one of his priorities was maintaining professionalism and respect within the legal system.
He often referenced the Alabama State Bar’s Lawyer’s Creed — a pledge attorneys take promising to treat even their opponents with civility and understanding.
“In that creed, you are promising that you’re gonna treat even your opponents with civility and with kindness and understanding.”
Pettaway says he believes the legal profession — and society at large — must continue working toward a culture rooted in respect and service.
Although stepping away from full-time duties, Pettaway says he is not completely leaving the legal field. He has transitioned to retired active status and plans to assist with cases when needed, while also returning to private practice.
He says this new chapter is about balance.
After decades shaping courtrooms across five counties, Pettaway says he is focused on health, perspective and trusting the next generation to carry the bench forward.
Governor Kay Ivey has appointed former Assistant District Attorney Bryan Jones to serve the remainder of Pettaway’s six-year term.
Jones previously served as senior chief trial attorney under District Attorney Robert Turner Jr. and has also led the Fourth Judicial Circuit Drug Task Force.
The transition marks a new era for the Fourth Judicial Circuit, while closing a significant chapter in its recent history.
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