Alabama has recently introduced a bill intended to protect in vitro fertilization (IVF) practices in response to a state Supreme Court ruling that created uncertainty for fertility clinics. However, legal experts and advocates have raised concerns about the bill’s potential consequences, particularly its impact on patients’ ability to seek damages for lost embryos due to negligence or equipment failures.

Cases of embryo loss resulting from storage errors or mechanical malfunctions highlight the vulnerabilities within the fertility industry. Despite its valuation at nearly $23 billion globally in 2022, the sector lacks comprehensive government regulation. Instead, professional organizations provide guidance, leaving significant gaps in oversight.

Opponents of the Alabama bill argue that it may prioritize the interests of fertility clinics at the expense of patient protections. They warn that by shielding clinics from liability, the legislation could prevent families from seeking compensation for the emotional and financial devastation caused by embryo loss.

Sarah R. London, a leading attorney specializing in fertility cases and a partner at Lieff Cabraser, emphasizes the importance of holding IVF clinics accountable. London, who successfully represented families in a landmark case against Pacific Fertility Center after a storage tank failure, advocates for treating embryos as highly valuable property. She stresses that recognizing the deep emotional and financial impact on families is essential to ensuring justice and encouraging industry accountability.

While the Alabama bill aims to support the IVF industry, it must also balance the rights of patients. Allowing families to pursue claims for negligence is crucial for maintaining trust and fostering a system of accountability in the fertility sector. Without these safeguards, critics fear that the legislation may inadvertently undermine the very stability it seeks to achieve.