Two couples, James and Emily LePage and William and Caroline Fonde, have withdrawn their lawsuit challenging Alabama's legal recognition of frozen embryos as “extrauterine children.” The suit arose after a patient accidentally destroyed their embryos at Mobile Infirmary. Under Alabama’s Wrongful Death of a Minor Act, they questioned whether embryos are legally considered minors. In February, the Alabama Supreme Court ruled that embryos are children, leading IVF providers to halt services. The state legislature responded by passing a bill shielding providers from liability for embryo damage or death. However, the American Society for Reproductive Medicine criticized this as a temporary measure that did not address the underlying court ruling.

Alabama's constitution, amended in 2018, recognizes "fetal personhood," a move supported by anti-abortion advocates that could significantly affect abortion and IVF laws. In June, the couples sought a judicial declaration that the new IVF protection law is unconstitutional. While the LePages and Fondes have dismissed their case with prejudice, another couple, Felicia Burdick-Aysenne and Scott Aysenne, continue their claims.

Navigating Complex Legal Matters Legal issues surrounding reproductive rights and IVF are complex and sensitive. Our experienced attorneys in Indianapolis are here to provide guidance and support. Contact us today for a free consultation to discuss your legal options and protect your rights.