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Alabama frozen embryo ruling will limit fertility treatment access, critics say

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Alabama frozen embryo ruling will limit fertility treatment access, critics say

The Alabama Supreme Court has ruled that frozen embryos can be considered children under state law, a decision critics said could have sweeping implications for fertility treatment in the state.

The decision was issued in a pair of wrongful death cases brought by three couples who had frozen embryos destroyed in an accident at a fertility clinic. Justices, citing anti-abortion language in the Alabama Constitution, ruled that an 1872 state law allowing parents to sue over the death of a minor child “applies to all unborn children, regardless of their location.”

“Unborn children are ‘children’ … without exception based on developmental stage, physical location, or any other ancillary characteristics,” Justice Jay Mitchell wrote in Friday’s majority ruling by the all-Republican court.

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Mitchell said the court had previously ruled that fetuses killed while a woman is pregnant are covered under Alabama’s Wrongful Death of a Minor Act and nothing excludes “extrauterine children from the Act’s coverage.”

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The ruling brought a rush of warnings about the potential impact on fertility treatments and the freezing of embryos, which had previously been considered property by the courts.

“This ruling is stating that a fertilized egg, which is a clump of cells, is now a person. It really puts into question, the practice of IVF,” Barbara Collura, CEO of RESOLVE: The National Infertility Association, told The Associated Press Tuesday. The group called the decision a “terrifying development for the 1-in-6 people impacted by infertility” who need in-vitro fertilization.

Containers holding frozen embryos and sperm are stored in liquid nitrogen at a fertility clinic in Fort Myers, Fla., on Oct. 2, 2018. The Alabama Supreme Court ruled that frozen embryos are considered children under state law on Feb. 16, 2024. (AP Photo/Lynne Sladky, File)

She said it raises questions for providers and patients, including if they can freeze future embryos created during fertility treatment or if patients could ever donate or destroy unused embryos.

Sean Tipton, a spokesman with the American Society for Reproductive Medicine, said at least one Alabama fertility clinic has been instructed by their affiliated hospital to pause IVF treatment in the immediate wake of the decision.

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Dr. Paula Amato, president of the American Society for Reproductive Medicine, said a decision to treat frozen fertilized egg as the legal equivalent of a child or gestating fetus could limit the availability of modern health care.

“By insisting that these very different biological entities are legally equivalent, the best state-of-the-art fertility care will be made unavailable to the people of Alabama. No health care provider will be willing to provide treatments if those treatments may lead to civil or criminal charges,” Amato said.

Gabby Goidel, 26, who is pursuing IVF treatment in Alabama after three miscarriages, said the court ruling came down on the same day she began daily injections ahead of egg retrieval.

“It just kind of took me by storm. It was like all I could think about and it was just a very stressful thing to hear. I immediately messaged my clinic and asked if this could potentially halt us. They said we have to take it one day at a time,” Goidel said.

She said her clinic is continuing to provide treatment for now, but said it will let her know if they have to change course.

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Goidel said she turned to IVF and preimplantation genetic testing after the multiple miscarriages related to genetic issues.

“Without IVF, I would have to probably go through several more miscarriages before I even had an option of having a baby that is my own,” she said.

The plaintiffs in the Alabama case had undergone IVF treatments that led to the creation of several embryos, some of which were implanted and resulted in healthy births. The couples paid to keep others frozen in a storage facility at the Mobile Infirmary Medical Center. A patient in 2020 wandered into the area and removed several embryos, dropping them on the floor and “killing them,” the ruling said.

The justices ruled that wrongful death lawsuits by the couples could proceed. The clinic and hospital that are defendants in the case could ask the court to reconsider its decision.

Michael Upchurch, a lawyer for the fertility clinic in the lawsuit, Center for Reproductive Medicine, said they are “evaluating the consequences of the decision and have no further comment at this time.”

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An anti-abortion group cheered the decision. “Each person, from the tiniest embryo to an elder nearing the end of his life, has incalculable value that deserves and is guaranteed legal protection,” Lila Rose, president and founder of Live Action said in a statement.

Chief Justice Tom Parker issued a concurring opinion in which he quoted the Bible in discussing the meaning of the phrase “the sanctity of unborn life” in the Alabama Constitution.

“Even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory,” Parker said.

Justice Greg Cook, who filed the only full dissent to the majority opinion, said the 1872 law did not define “minor child” and was being stretched from the original intent to cover frozen embryos.

“No court — anywhere in the country — has reached the conclusion the main opinion reaches,” he wrote, adding the ruling “almost certainly ends the creation of frozen embryos through in vitro fertilization (IVF) in Alabama.”

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The Alabama Supreme Court decision partly hinged on anti-abortion language added to the Alabama Constitution in 2018, stating it is the “policy of this state to ensure the protection of the rights of the unborn child.”

Supporters at the time said it would have no impact unless states gained more control over abortion access. States gained control of abortion access in 2022.

White House press secretary Karine Jean-Pierre said the Alabama decision reflected the consequences of the Supreme Court overturning Roe v. Wade and blamed Republican elected officials from blocking access to reproductive and emergency care to women.

“This president and this vice president will continue to fight to protect access to reproductive health care and call on Congress to restore the protections of Roe v. Wade in federal law for all women in every state,” Jean-Pierre told reporters aboard Air Force One.

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Naked woman allegedly assaults deputy while intoxicated, claims she was ‘trying to be a mermaid’

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Naked woman allegedly assaults deputy while intoxicated, claims she was ‘trying to be a mermaid’

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A Louisiana woman’s attempt to go for a skinny-dip did not end swimmingly, authorities said, after she allegedly attacked a sheriff’s deputy responding to a trespassing complaint before finally surrendering to deputies Tuesday.

According to the Union Parish Sheriff’s Office, deputies were dispatched in November to a residence in the Linville community of Marion after a caller reported a neighbor standing in their driveway screaming and refusing to leave the property despite having been warned previously.

When a patrol deputy arrived, authorities said the suspect was found nude and swimming in a pond located on the caller’s property. 

The woman was later identified as Erin Elizabeth Sutton, 41, of Marion. Sutton initially refused to exit the pond or speak with the deputy, telling him she was “trying to be a mermaid,” according to a sheriff’s office Facebook post.

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Erin Elizabeth Sutton, 41, is accused of threatening a sheriff’s deputy in Louisiana after being caught skinny-dipping in a neighbor’s pond. She claimed she was “trying to be a mermaid,” according to police. (Union Parish Sheriff’s Office / Getty Images)

After repeated commands, Sutton eventually exited the pond. Due to cold temperatures, emergency medical services were contacted to evaluate her, authorities said. 

A blanket was provided, and as the deputy attempted to escort Sutton inside a residence to warm up, she allegedly charged at him.

Authorities said Sutton ignored multiple commands to comply and resisted detention. A taser was deployed but had no effect, according to the sheriff’s office. Sutton was taken to the ground, where she allegedly continued to resist, kicking and punching the deputy before being restrained.

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The Union Parish Sheriff’s Office in Farmerville, La., announced on Facebook that 41-year-old Erin Elizabeth Sutton had allegedly attacked and threatened one of their deputies after skinny-dipping in a neighbor’s pond, citing she was “trying to be a mermaid.” (Google Maps)

Sutton was transported to a hospital for further treatment. During the transport, she allegedly threatened to kill deputies and paramedics, authorities said.

Because Sutton required medical care at the time, deputies later sought arrest warrants, which were signed by a judge in Louisiana’s Third Judicial District Court, according to the sheriff’s office.

Sutton surrendered to deputies on Jan. 6, 2025, and was arrested on multiple charges, including three counts of resisting an officer with force or violence, two counts of public intimidation, two counts of battery of a police officer, disturbing the peace/drunkenness and criminal trespassing.

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According to the Union Parish Sheriff’s Office, deputies were dispatched in November to a residence in the Linville community of Marion after a caller reported a neighbor was trespassing. (iStock)

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Her bond was set at $62,000, authorities said.

Fox News Digital reached out to the Union Parish Sheriff’s Office for additional comment but did not immediately receive a response. It was not immediately clear whether Sutton has retained legal representation.

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Dem governor-elect taps Crockett’s former ‘chief brand strategist’ for top DEI role

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Dem governor-elect taps Crockett’s former ‘chief brand strategist’ for top DEI role

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FIRST ON FOX: Soon-to-be Virginia Democratic Gov. Abigail Spanberger has tapped the former “chief brand strategist” for Rep. Jasmine Crockett, D-Texas, to serve in the state’s top diversity, equity and inclusion role.

In a Tuesday statement, Spanberger, who takes office on Jan. 17, announced she is appointing Dr. Sesha Joi Moon to serve as Virginia’s chief diversity officer and director of diversity, equity, and inclusion. 

Spanberger said that Moon’s “experience across government, education, and the nonprofit sectors gives her firsthand insight into the ways in which we can build a stronger, safer, and more prosperous Virginia for every family.”

“I’m excited to announce that Dr. Moon is joining our administration,” said Spanberger, adding, “Virginia deserves leaders who will make sure our work to grow our Commonwealth’s economy keeps the needs of all Virginians in mind.”

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Virginia Democratic Governor-elect Abigail Spanberger celebrates as she takes the stage during her election night rally at the Greater Richmond Convention Center on Nov. 04, 2025. (Win McNamee/Getty Images)

“When every Virginian has the opportunity to reach their full potential, it benefits all of us,” she said.

Moon, whose doctorates are in public administration and policy and self-identifies as a “Black queer woman,” responded to her appointment by saying she is looking “forward to joining the cabinet of Governor-elect Abigail Spanberger as her historic administration works to advance a future in which all Virginians have access to opportunity — to include residents from some of the hardest-to-reach communities throughout the Commonwealth.”

Moon most recently served as the chief impact officer for the Girl Scouts of the USA. Before that, through her private consultant practice Moon & Associates, she worked as the “chief brand strategist” for Crockett, a radical far-left Democrat who is currently running for the U.S. Senate in Texas.

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Earlier this year, Moon appeared on a 40-minute podcast episode, where she defended the importance of DEI and delivered a direct message to critics, saying, “This work has not stopped. You can defund and dismantle all you want, but the work continues.”

“I’m excited. I feel like DEI is just getting started,” Moon continued. “I know that sounds so insane to some people because some people think our discipline is crumbling, and I don’t see it like that. I feel like we’re onto something here.”

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Rep. Jasmine Crockett, D-Texas, a member of the House Judiciary Committee, arrives on Capitol Hill in Washington, D.C., on Wednesday, Dec. 17, 2025.  (AP Photo/J. Scott Applewhite)

Moon also served as executive-in-residence with two-time failed Georgia gubernatorial candidate Stacey Abrams’ American Pride Rises Network, a DEI advocacy network.

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Before that, she was the chief diversity officer of the U.S. House of Representatives during the 117th & 118th Congresses under Speakers Nancy Pelosi, D-Calif., Kevin McCarthy, R-Calif., and Mike Johnson, R-La.

Spanberger won a decisive electoral victory this November, defeating Republican Lt. Gov. Winsome Earle-Sears by a margin of over 10 percentage points.

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Then Republican Virginia gubernatorial candidate Winsome Earle-Sears speaks at a CPAC Latino Rally for Virginia on October 25, 2025 in Sterling, Virginia.  (Anna Moneymaker/Getty Images)

Considered a purple state, Spanberger’s victory returns the Virginia governor’s mansion to the Democrats after being held by Republican Gov. Glenn Youngkin.

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Fox News Digital reached out to Spanberger, Moon, Crockett, Abrams and the Girl Scouts of the USA for comment but did not receive a response by the time of publication.

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NASCAR star Denny Hamlin gives health update on mom after she was injured in deadly house fire

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NASCAR star Denny Hamlin gives health update on mom after she was injured in deadly house fire

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NASCAR star Denny Hamlin shared an update on his mother’s condition after she was moved to a burn unit following a house fire in North Carolina that left his father dead earlier this week.

Hamlin thanked those who reached out to him and shared their condolences. Dennis Hamlin died from injuries suffered in the blaze that occurred in Stanley.

Denny Hamlin looks on prior to a NASCAR Cup Series auto race at Charlotte Motor Speedway, Sunday, Oct. 5, 2025, in Concord, North Carolina. (AP Photo/Matt Kelley, File)

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“Thank you to everyone who has reached out with condolences on my father’s passing,” he wrote on X. “My mother continues to improve, and our family truly appreciates the outpouring of support and the respect for our privacy during this time.”

Officials said Mary Lou Hamlin was transferred to a burn specialist in Winston-Salem to treat her injuries.

Officials said the cause of the fire was still under investigation.

The fire broke out at a home in Stanley around 6 p.m. ET on Sunday, which drew emergency responses from Gaston and Lincoln Counties, according to Queen City News.

NASCAR Cup Series driver Denny Hamlin during practice for the Daytona 500 at Daytona International Speedway on Feb. 12, 2025. (Mark J. Rebilas/Imagn Images)

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Both Dennis and Mary Lou Hamlin were out of the house as emergency personnel rushed to the scene.

“We are thankful for the multiple agency response and ask that the public be in prayer for the affected family and our first responders in fire, GEMs and police,” the Lucia-Bend Fire Department said in a statement to the outlet.

Dennis Hamlin’s death was announced later Monday.

NASCAR released a statement on Tuesday to honor the NASCAR driver’s father.

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“NASCAR extends its deepest condolences to Denny Hamlin and the entire Hamlin family,” the organization said.

Denny Hamlin, driver of the #11 Progressive Toyota, exits his car  after the NASCAR Cup Series Championship at Phoenix Raceway on Nov. 2, 2025, in Avondale, Arizona. (James Gilbert/Getty Images)

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“Dennis Hamlin instilled a love of racing in his son, and sacrificed greatly to develop Denny into a world-class talent in the sport. We also continue to offer our thoughts and prayers to Denny’s mother, Mary Lou, and hope for her full recovery.”

Fox News’ Paulina Dedaj contributed to this report.

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