University of Alabama pauses IVF treatments after embryo ruling

A scientist looking at an embryo through a microscope
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The University of Alabama at Birmingham has paused IVF treatments as it examines a ruling by the state's Supreme Court which determined that frozen embryos should be considered children. 

"We are saddened that this will impact our patients' attempt to have a baby through IVF," Savannah Koplon, a spokesperson for the university, said in an email. "We must evaluate the potential that our patients and our physicians could be prosecuted criminally or face punitive damages for following the standard of care for IVF treatments." 

The university's decision shows the chilling effect that the recent ruling could have on fertility treatment as reproductive rights come under threat in parts of the U.S. The Alabama Supreme Court ruling could leave those who destroy frozen embryos liable for wrongful death.

Read more: How fertility benefits can help your company stand out in the race for talent

White House Press Secretary Karine Jean-Pierre said on Tuesday that the Alabama ruling "is exactly the type of chaos that we expected when the Supreme Court overturned Roe v. Wade and paved the way for politicians to dictate some of the most personal decisions families can make." She added that President Joe Biden will fight to protect access for reproductive health.

The global fertility market is growing at a steady clip and is expected to balloon to an $84 billion annual business by 2028, according to market research firm Imarc. 

Read more: A personal investment: This small business owner spent $10k to freeze her eggs for her future

The surge in demand for expensive fertility treatments, which can cost US patients upwards of $10,000, has been accompanied by missteps in the industry. A Bloomberg News investigation published in October found that popular fertility startup Kindbody had mislabeled, lost and accidentally destroyed embryos. The mishandling of eggs and embryos can result in the loss or significant compromise of an IVF cycle. 

Read more:  Employees are picking up second jobs to gain fertility benefits

"The potential implications of this ruling are wide ranging and will create a lot of confusion and concern for those seeking fertility treatment, as well as providers," said Candace Gibson, the director of state policy for Guttmacher Institute, a leading researcher of reproductive health care and abortion. "This type of decision opens the door to further restricting the bodily autonomy of pregnant people."

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