Response to Alabama

Last week, The Alabama Supreme Court ruled under its state law that frozen embryos are considered to be children. I strongly condemn this ruling. This ruling is not based in science, nor common sense and has the potential to create great harm for those struggling to have a family. 

As a physician who has helped thousands of families experience the joy of parenthood and as a father who has had children through in vitro fertilization (IVF), I stand with RESOLVE in their condemnation of this ruling. The negative and harmful implications of this decision for Alabamans who have stored embryos is an assault on their reproductive rights.  It has been positioned to also allow other states to define embryos as children which would effectively halt the ability of IVF clinics to offer this life changing technology to couples who need it to be parents.  In effect, reducing the amount of children in the world.  

Over the past 40 years, technologies have been developed in the IVF laboratory to help patients achieve successful pregnancies. During IVF, the goal is to complete one egg retrieval, combine egg and sperm to form an embryo.  Most embryos in the lab never fully develop and degenerate in the laboratory naturally. We also know through scientific investigation and observation that most embryos transferred into a uterus do not result in a pregnancy. The goal for many patients is to transfer one and cryopreserve as many good quality embryos as possible in hopes that they can be successful, eventually. 

The cryopreservation of embryos is a critical step in this process as it gives patients more than one chance to achieve a successful pregnancy. Embryo cryopreservation is essential for success during the IVF process as it allows patients not only to preserve their fertility for future pregnancies, but to test embryos for chromosomal and genetic abnormalities as well. It is important we realize that a small ball of cells is NOT a child, nor is a ball of cells not carefully cryopreserved, warmed, and delicately placed into a receptive uterus, not a child.  

For decades, I have used Assisted Reproductive Technology tools like IVF with embryo transfer to assist patients on their journey to parenthood. Everyone needs to understand there are many complicated factors that go into individualizing a person's pathway to parenthood using IVF. Once again, it is a fact that the majority of embryos transferred do NOT ever yield even a positive pregnancy test result, nevermind a pregnancy. 

The patients I see come to me with hope; hope that they will someday become parents.  
IVF gives my patients this hope.  

In simple terms, patients in Alabama who need IVF to start or build their families cannot pursue it in their state, secondary to this ruling.  Also, those who currently have frozen embryos will be forced to take their embryos out of state, if possible, at a personal cost and then they will need to decide what they want to do with these embryos. Choices include pursuing another pregnancy or no longer keeping them in cryopreservation. This decision will severely limit Alabamans access to this technology that has helped over 8 million people become parents.  Effectively, this will force Alabamans to use antiquated fertility therapies dating back to before 1990. 

We can only hope that this ruling does not result in a broader movement in other portions of the country. If this were to happen, it would negatively affect access to care for people who want to be parents.

People who have hope.

Our country, which was founded on the ideal of separation of church and state, and this ideal is now being assaulted from many directions. This decision is another example of government related interference in our collective reproductive rights. We all need to stand together when it comes to how we all choose to build our families. We all need to stand together against this continued assault on a person/woman's bodily autonomy and reproductive rights. 

The fact still remains, despite this ruling, a person's embryos and a person's body is not something a state or federal government should have any jurisdiction over. It cannot be tolerated. 

Together, with you, I hope this ruling spurs all reasonable people to support legislation that allows people to continue to access IVF.