Alabama State Senator Tim Melson filed a bill Tuesday in an effort to protect the state’s in-vitro fertilization (IVF) industry following the recent state Supreme Court ruling.

Senator Melson proposed Senate Bill 160 in order to prevent more clinics from halting operation. This bill would give criminal and civil immunity to health care providers performing IVF as long as they are following “commonly accepted practices.”

On February 16, 2024, the Alabama Supreme Court ruled that frozen embryos are considered children under state law. The case, LePage v. Mobile Infirmary Clinic, Inc., was a consolidated appeal from three separate cases involving whether the Wrongful Death of a Minor Act applied to the destruction of frozen embryos. The plaintiffs in the case were patients with frozen embryos for use with IVF, stored in medical centers. After the embryos were accidentally destroyed, the patients sued the medical centers, alleging that the destruction of the embryos amounted to wrongful death. The court ruled that the frozen embryos should be considered children under the law, and thus the Wrongful Death Act would apply.

The ruling caused immediate controversy throughout the state. At least three of the state’s eight IVF clinics have halted IVF related procedures, worried about the potential legal consequences this ruling will bring. The clinics are concerned about potential legal action that could be taken against clients and doctors alike if procedures continue. Additionally, many people that have frozen embryos in Alabama are taking action to move their embryos out of state.

On a national scale, the fallout from the Alabama ruling has given pause to other states considering similar rulings. Florida lawmakers, who were considering a “fetal personhood” bill, have now postponed the bill amidst the Alabama Supreme Court ruling controversy.