Doctors fear prosecution as Alamaba rules frozen embryos have same rights as children

A stunning court ruling in the US has hopeful mothers devastated and doctors fearful.   

Alabama's Supreme Court has ruled "frozen embryos" have the legal rights and protections of living "children".   

One in vitro fertilisation (IVF) provider has already halted treatment as they try to clarify all the legal implications of the ruling.   

IVF is a critical path to parenthood for millions of Americans every year and, in 2021, 100,000 babies were born using IVF - 2 percent of all newborns.    

Now, in the state of Alabama, the future of the treatment is on hold.   

"Ultimately, patients will be harmed by this decision," said Mamie McLean, a physician at Alabama Fertility said.  

The state's Supreme Court determined unborn children "are children... without exception based on developmental stage". The ruling has doctors fearing they could be prosecuted if embryos are discarded.    

"At this point, there is no decision on when a physician or clinic can conclude storing these embryos - so they're potentially liable for the wrongful death," lawyer Jasmine Matlock said.  

The IVF clinic at the University of Alabama has already paused treatment in the wake of the ruling.   

Jasmine York was receiving treatment there and said it was her only hope of having another child.    

"I'm angry, I'm sad - I'm just a whole slew of things," she said.   

The university said it needs time to work through a decision that could mean their doctors are prosecuted.    

It's also feared hopeful parents will be stung by expensive fees for the lifelong storage of embryos and cover against legal action.    

Serena Chen, the founder of Doctors for Fertility, called the ruling "disturbing".   

She also said it's "ironic that the judgement in this case talks about trying to promote families and help people and yet, they're doing exactly the opposite".   

If similar rulings are made in other states, reproductive rights could be headed back to the US Supreme Court and its conservative majority who overturned Roe v Wade.