Southeast
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.”
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.
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.
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.”
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.”
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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Southeast
Family member of American killed by Cuban forces in boat shootout says he was on ‘diabolical’ mission
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The brother of an American citizen killed in a brazen boat clash with Cuban forces says his sibling was consumed by an “obsessive and diabolical” push to free the island and that “no one knew” what he was planning.
American citizen Michel Ortega Casanova, who worked as a truck driver, was one of 10 passengers on a Florida-registered boat that allegedly opened fire on Cuban soldiers in an attempt to infiltrate the island.
A Monroe County Sheriff’s Office incident report obtained by Fox News noted the boat’s owner reported it stolen Wednesday after hearing about the Cuba shootout on the news.
The owner, who did not speak English, told deputies his 24-foot vessel went missing, and he suspected an employee named Hector — who had two young daughters in Cuba — may have taken it.
U.S. Secretary of State Marco Rubio addressed an incident involving Cuban forces and a speedboat Wednesday before returning to Washington, D.C., after meetings with Caribbean Community leaders at Robert L. Bradshaw International Airport in Basseterre, Saint Kitts and Nevis. (Jonathan Ernst/Pool/Reuters)
Ortega Casanova, who lived in the U.S. for more than two decades, was one of four killed in the attempt. He is survived by his wife, mother, brother, two sisters, daughter and unborn grandchild.
Six other passengers, all Cubans living in the U.S., were injured. It is unclear if Hector was on board.
Ortega Casanova’s brother, Misael, told The Associated Press Wednesday that his brother had an “obsessive and diabolical” pursuit for Cuba’s freedom.
“Only us Cubans who have lived over there understand [the great suffering],” Misael said.
He said “no one knew” about his brother’s plans to infiltrate the island, noting their mother is “devastated.”
“They became so obsessed that they didn’t think about the consequences nor their own lives,” Misael said.
While Ortega Casanova’s family did not recognize any of the other passengers, Misael said, “maybe [the attempt] will justify that some day Cuba will be free.”
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Cuban Coast Guard forces reported an exchange of gunfire with a U.S.-registered speedboat Wednesday. (Yamil Lage/AFP via Getty Images)
He refrained from labeling the group heroes, describing the idea as “ignorance.”
Cuban officials said many of the boat passengers, who were intercepted roughly a mile northeast of Cayo Falcones, off Cuba’s north coast, had a known history of criminal and violent activity.
Passengers Amijail Sánchez González and Leordan Enrique Cruz Gómez were wanted by Cuban authorities for their involvement in the “promotion, planning, organization, financing, support or commission of actions carried out in the national territory or in other countries, in connection with acts of terrorism,” according to the government.
Cuban politician Bruno Rodriguez Parrilla posted to X after the incident, claiming a “rigorous investigation” is being conducted to clarify the facts.
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“Cuba has had to face numerous terrorist and aggressive infiltrations originating from #EEUU since 1959, at a high cost in lives, injuries, and material damage,” Rodriguez Parrilla wrote in a post. “The defense of Cuba’s coasts, of the national territory, and of national security is an ineludible duty.”
Secretary of State Marco Rubio said the U.S. is working to determine whether the passengers were American citizens or permanent residents.
U.S. officials said at least two of the people on the bat were U.S. citizens, and another was on a U.S. K-1 visa — which is granted to fiancées of U.S. citizens for 90 days.
“We have various different elements of the U.S. government that are trying to identify elements of the story that may not be provided to us now,” Rubio told reporters in Basseterre, St. Kitts.
“Suffice it to say, it is highly unusual to see shootouts in open sea like that. It’s not something that happens every day. It’s something, frankly, that hasn’t happened with Cuba in a very long time.”
Cuban officials said the vessel’s passengers were intercepted off the country’s northern coast. (Nicolas Economou/NurPhoto)
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Rubio said the U.S. will verify the facts independently, and the U.S. Department of Homeland Security and U.S. Coast Guard are investigating.
Vice President JD Vance said he was briefed on the incident, and the White House is monitoring the situation.
“Hopefully it’s not as bad as we fear it could be,” Vance said.
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Florida’s Attorney General James Uthmeier said prosecutors will work with federal, state and law enforcement partners to start an investigation.
“The Cuban government cannot be trusted, and we will do everything in our power to hold these communists accountable,” Uthmeier wrote in a social media post.
The Associated Press contributed to this report.
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Southeast
Alleged criminal history of missing mom found after 24 years catches up with her
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A North Carolina woman whose disappearance in 2001 triggered a 24-year search is now facing criminal charges from the year she vanished.
Michele Hundley Smith, now 63, was located Feb. 20 at an undisclosed location within North Carolina after detectives received new information about her case, the Rockingham County Sheriff’s Office said.
Smith was 38 when her husband reported that she left their Eden home Dec. 9, 2001, to go Christmas shopping in Martinsville, Virginia, and never returned. Her vehicle was never found.
An extensive investigation followed, and, despite years of investigative work, her whereabouts remained unknown until last week.
The 63-year-old woman posted $2,000 bond on a failure to appear charge related to a DWI from the month before she vanished for 24 years. (Robeson County Sheriff’s Office)
Authorities said Smith told investigators she left on her own accord and referenced “domestic issues.”
Sheriff Sam Page told Fox News Digital the sheriff’s office had no prior record of domestic incidents at the home. No criminal charges are expected in her disappearance. However, following her identification, investigators discovered an outstanding order for arrest dating back to 2001.
A missing persons flyer circulated at the time of Michele Hundely Smith’s disappearance in December 2001. (Bring Michele Hundely Smith Home/Facebook)
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In a statement, the Rockingham County Sheriff’s Office said that, after consultation with the District Attorney’s Office and further investigation, authorities identified an outstanding order for arrest for Smith for failure to appear.
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The order stemmed from a DWI charge issued by the Eden Police Department Nov. 11, 2001. Smith failed to appear in court Dec. 27, 2001, for that charge, the statement said.
On Feb. 25, 2026, Smith was taken into custody by the Robeson County Sheriff’s Office at the request of Rockingham County authorities. She later posted a $2,000 bond and is scheduled to appear in Rockingham County District Court March 26, 2026.
A missing mom found alive after 23 years reveals she left due to domestic issues. (Bring Michele Hundely Smith Home/Facebook)
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On Thursday, the New York Post reported it had located Smith in a trailer in a rural community near the South Carolina state line. Smith told the outlet she is trying to make amends with her daughter and the family she walked out on decades ago.
“My daughter is forgiving me. We are in contact, so leave me alone,” she told the outlet.
Smith’s neighbors said she had “been here for years and years” and mostly keeps to herself.
“We asked why she didn’t come out of the house much, and she said her husband passed. He passed last year. … She was really sad about it. She said she was depressed and stayed inside,” the neighbor said.
Michele Hundely Smith disappeared after leaving her home in North Carolina to go Christmas shopping in Virginia in December 2001. (Bring Michele Hundely Smith Home/Facebook)
In a 2018 interview on “The Vanished Podcast,” her daughter, Amanda Hundley, said her mother’s marriage was unraveling under the weight of alcohol abuse, infidelity and escalating marital arguments.
Smith had recently lost her job at a veterinary practice after being fired for drinking on the job, Hundley said.
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“My dad didn’t like the fact that my mom hid her drinking. I knew about it, and I was the only one. And I felt, you know, I was young, and I felt obligated not to say anything to betray my mom,” Hundley said on the podcast.
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According to Hundley, her father suspected the drinking but did not fully understand the extent of it until after Smith vanished.
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“He said, ‘Do you know where she kept the bottles at?’ And I showed them we had a little red building outside, and it was full of rum bottles, the empties, the ones that she had already drunk,” recalled Hundley, who was 14 at the time.
The couple’s relationship had also deteriorated. Hundley said both her parents had affairs during the marriage. She described frequent arguments that “got physical a few times.”
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Southeast
Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’
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An Atlanta-area police department issued a blunt notice to parents after officers claimed a child brought a vodka-based beverage to school — tucked beside Doritos in a packed lunch.
The City of South Fulton Police Department sounded off about the incident in a now-viral Facebook post, warning parents to “CHECK. THE. LUNCHBOX.”
“Say Twin… Before you send them babies off to school… CHECK. THE. LUNCHBOX. Because why are we getting reports of juice boxes sitting next to… Cutwater margaritas??” the department wrote.
Officials also shared a photo of the alleged lunchbox, containing what appears to be a child’s lunch, Doritos and a Cutwater Lemon Drop Martini.
The police department shared a photo of a Cutwater canned cocktail in a lunchbox. (City of South Fulton Police Department via Facebook)
“That is NOT Capri Sun. That is NOT Apple Juice. That is a whole ‘Parent had a long night’ starter pack,” the department wrote. “Now little Johnny done pulled up to 3rd period talking about: ‘Who want fruit snacks?’ knowing good and well he got a Lemon Drop Martini in the zipper pocket.”
Cutwater Lemon Drop Martinis, as found in the lunchbox, are 11% ABV ready-to-drink cocktails made with vodka, triple sec, lemon juice and natural flavors.
They come in 12-ounce cans, similar in appearance to a soda can.
The City of South Fulton Police Department issued a statement after the apparent mishap. (City of South Fulton Police Department via Facebook)
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The department said it understands mornings can be hectic, but issued a stern notice to parents to “TIGHTEN UP.”
“Your child shouldn’t be the only one in the cafeteria with a beverage that requires an ID,” authorities wrote. “If it says 12% ABV… it does NOT belong next to a PB&J.”
Officials also provided a “quick parent checklist,” with items including: “Homework,” “Lunch packed,” and “Alcoholic beverages.”
Boxes of Cutwater Tiki Rum Mai Tai and Strawberry Margarita canned cocktails. (Gado/Getty Images)
“Check the lunchbox before the Fulton County Schools Police resource officers gotta do inventory at recess,” the department added.
It is unclear if any parents or students were disciplined in relation to the mix-up.
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Fulton County Schools did not immediately respond to Fox News Digital’s request for comment.
The City of South Fulton, Georgia, is a rapidly growing municipality located about 20 minutes from Atlanta and Hartsfield-Jackson International Airport.
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