Alabama’s Supreme Court ruled that frozen embryos are considered children under state law, subject to legislation on wrongful death of minors.
This decision came from a lawsuit involving in vitro fertilization patients whose embryos were destroyed.
“The relevant statutory text is clear: the Wrongful Death of a Minor Act applies on its face to all unborn children, without limitation,” the court documents stated.
“While we appreciate the defendants’ concerns, these types of policy focused arguments belong before the Legislature, not this Court,” the ruling stated.
The court found that the state law applies to all unborn children, regardless of their location.
The plaintiffs had alleged violations of the Wrongful Death of a Minor Act against the clinic.
The court did not address whether “extrauterine children” should be treated as human beings but emphasized that the law applies to all unborn children.
The dissenting opinion argued against expanding the statute’s reach without explicit legislative amendment.
It is not the court’s role to “expand the reach of a statute and ‘breathe life’ into it by updating or amending it,” Justice Greg Cook said.
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