Alabama | The fetuses are children, according to state Supreme Court rules

Alabama |  The fetuses are children, according to state Supreme Court rules

The Alabama Supreme Court has ruled that frozen embryos are persons in their own right, and their destruction can be subject to criminal penalties. This decision, the first of its kind, could set a precedent and extend to other countries that fear pro-choice organizations.


The crux of the question addressed by the highest court of this South American state was whether a patient who accidentally spilled and destroyed frozen embryos could be held liable for criminal negligence.

The court decided so, arguing that it had long considered that “unborn children are children” and that this also applied to frozen embryos. In doing so, it gives fertilized eggs the same protection as children under the wrongful death law. ” [Cette loi] “It applies to all children, born or unborn, without restrictions,” the court wrote.

Hence, the Supreme Court overturned the lower court's decision to the contrary.

'Great concern'

“This is another step in the march toward 'fetal person' status,” said Dana Sussman, of Pregnancy Justice. “All it takes is for one country to pave the way for others to feel less extreme. This is a major concern.”

The court's decision could have nationwide implications for in vitro fertilization treatments. Health care providers, for example, may be more reluctant to provide the service for fear of inadvertently destroying the fetus, said Carla Torres, senior counsel at the Center for Reproductive Rights.

Nationally, at least 11 states have defined “person” as beginning at the time of fertilization, according to Pregnancy Justice. However, this definition has never been expanded to include frozen embryos, although anti-abortion organizations and lawmakers have already taken steps in this direction. On the federal stage, the US Supreme Court must decide soon whether there is reason to limit access to abortion medications.

With information from Washington Post

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