Recently, Alabama passed a new bill designed to protect in vitro fertilization (IVF) practices. While the legislation aims to reassure fertility clinics following a disruptive state Supreme Court decision, legal experts have voiced significant concerns about its potential unintended consequences. A primary worry is that the new law may prevent patients from seeking damages if their embryos are lost due to clinic negligence or equipment failure.

Embryo losses from incidents such as storage mishandling or faulty equipment highlight the fragile nature of the fertility industry. Despite its global market value of nearly $23 billion in 2022, the industry operates with minimal regulatory oversight. Professional organizations set guidelines, but there is a notable absence of governmental regulation.

Critics argue that the Alabama bill might overprotect fertility clinics, providing them with excessive immunity while insufficiently safeguarding the rights of patients. The emotional and financial toll on families who lose embryos can be devastating, and this legislation could strip them of their ability to seek redress.

Sarah R. London, a partner at Lieff Cabraser and head of the firm’s fertility practice, underscores the importance of access to justice for affected parties. London, who successfully represented families in a high-profile case against Pacific Fertility Center following a catastrophic storage tank failure, stresses the need for proper regulation of IVF clinics. She advocates for treating embryos as highly valuable property, recognizing the profound loss and suffering experienced by families on their fertility journeys.

While Alabama’s new bill aims to stabilize the IVF industry within the state, it must also balance the rights and protections of patients. Ensuring that families can seek compensation for negligence is essential in maintaining trust and accountability in the fertility sector.