IVF is one of the more widely known types of assisted reproductive technology. Getty Images
IVF is one of the more widely known types of assisted reproductive technology. Getty Images
IVF is one of the more widely known types of assisted reproductive technology. Getty Images
IVF is one of the more widely known types of assisted reproductive technology. Getty Images

Alabama IVF ruling explained: Trump and others distance themselves from court decision


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Alabama's Supreme Court has ruled that two couples who were trying in vitro fertilisation and lost frozen embryos in an accident at a storage facility can sue under the southern state’s wrongful death law.

The decision has caused alarm among those looking to IVF to conceive as well as reproductive rights activists, as the decision could mean the destruction of embryos could result in criminal charges.

It has also influenced Republicans like presidential candidate Donald Trump to state their opposition to the ruling to ensure political support.

What is IVF?

IVF is one of the more widely known types of assisted reproductive technology.

It works by using a combination of medicines and surgical procedures to help sperm fertilise an egg, and help the fertilised egg implant in a uterus, according to Planned Parenthood, an organisation that provides reproductive and sexual healthcare.

About eight million children have been born through IVF in the US.

In 2021, about 97,128 babies were born in the country via IVF, according to the US Centres for Disease Control and Prevention.

What does the Alabama ruling say?

The Alabama Supreme Court said three couples who had lost frozen embryos during an accident at a storage facility could sue the fertility clinic and hospital for the wrongful death of a minor, the Associated Press reported.

Justices reversed a lower court ruling that dismissed the wrongful death claim on the grounds that the embryos were not a person or child.

The court had previously ruled that couples could sue when a pregnant woman lost a foetus.

Alabama decided that 'extrauterine children' were also covered under the wrongful death law. PA
Alabama decided that 'extrauterine children' were also covered under the wrongful death law. PA

It decided that “extrauterine children” were also covered under the wrongful death law.

“Unborn children are ‘children’ under the act, without exception based on developmental stage, physical location, or any other ancillary characteristics,” Justice Jay Mitchell wrote in his opinion.

The court heavily relied on both the wording of the wrongful death statute and language added to the Alabama Constitution in 2018 stating that Alabama protects the “rights of the unborn child”.

What does the Alabama IVF decision mean?

The decision could have major effects on couples looking to conceive through IVF as well as the clinics and doctors providing the service.

So far, three IVF clinics have suspended services as the implications of the ruling are sorted out, including the state's largest hospital — the University of Alabama of Birmingham.

Couples may need to store embryos in another state, making an expensive process even costlier.

The ruling also has wider implications for reproductive rights not only in Alabama but across the country since other states may make similar moves.

It is a major win for pro-life activists, who had another major victory last year when the US Supreme Court overturned Roe v Wade, the 1973 case that granted women the right to an abortion. Most pro-life activists are seen as politically conservative.

Why are Republicans distancing themselves from the ruling?

But the decision has received backlash from conservative politicians.

Donald Trump, the front-runner for the Republican presidential nomination, posted on his Truth Social platform that he would “strongly support the availability of IVF” and called on politicians in Alabama to preserve access to the treatment.

Former US president and Republican presidential candidate Donald Trump participates in a campaign event at Winthrop Coliseum in Rock Hill, South Carolina. EPA
Former US president and Republican presidential candidate Donald Trump participates in a campaign event at Winthrop Coliseum in Rock Hill, South Carolina. EPA

While Republican presidential candidate Nikki Haley told NBC News on Wednesday that she sees an embryo as “a life”, she later backtracked, saying she “didn't say that I agreed with the Alabama ruling”.

Two Republican governors on Thursday expressed support for IVF during an event hosted by Politico, with Georgia Governor Brian Kemp saying: “You have a lot of people out there in this country that wouldn’t have children if it weren’t for that.”

Axios reported that the National Republican Senatorial Committee is urging candidates to strongly oppose the Alabama Supreme Court ruling restricting access to fertility treatments.

This push to distance themselves from the decision is likely due to Mr Trump and Republicans fearing a lack of electoral support from voters who back protecting reproductive rights and access to abortion.

Republicans are also potentially concerned that the Alabama case has given Democrats a chance to bash conservative candidates about the slippery slope of red states' post-Roe restrictions.

The Sand Castle

Director: Matty Brown

Stars: Nadine Labaki, Ziad Bakri, Zain Al Rafeea, Riman Al Rafeea

Rating: 2.5/5

Tamkeen's offering
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Titanium Escrow profile

Started: December 2016
Founder: Ibrahim Kamalmaz
Based: UAE
Sector: Finance / legal
Size: 3 employees, pre-revenue  
Stage: Early stage
Investors: Founder's friends and Family

The National Archives, Abu Dhabi

Founded over 50 years ago, the National Archives collects valuable historical material relating to the UAE, and is the oldest and richest archive relating to the Arabian Gulf.

Much of the material can be viewed on line at the Arabian Gulf Digital Archive - https://www.agda.ae/en

Israel Palestine on Swedish TV 1958-1989

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Title: General Practitioner with a speciality in cardiology

Previous jobs: Worked in well-known hospitals Jaslok and Breach Candy in Mumbai, India

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Remembers a time when medicines from India were purchased per kilo

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No more lice

Defining head lice

Pediculus humanus capitis are tiny wingless insects that feed on blood from the human scalp. The adult head louse is up to 3mm long, has six legs, and is tan to greyish-white in colour. The female lives up to four weeks and, once mature, can lay up to 10 eggs per day. These tiny nits firmly attach to the base of the hair shaft, get incubated by body heat and hatch in eight days or so.

Identifying lice

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Courtesy Dr Vishal Rajmal Mehta, specialist paediatrics, RAK Hospital

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Countdown to Zero exhibition will show how disease can be beaten

Countdown to Zero: Defeating Disease, an international multimedia exhibition created by the American Museum of National History in collaboration with The Carter Center, will open in Abu Dhabi a  month before Reaching the Last Mile.

Opening on October 15 and running until November 15, the free exhibition opens at The Galleria mall on Al Maryah Island, and has already been seen at the Jimmy Carter Presidential Library and Museum in Atlanta, the American Museum of Natural History in New York, and the London School of Hygiene and Tropical Medicine.

 

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Profile

Company: Justmop.com

Date started: December 2015

Founders: Kerem Kuyucu and Cagatay Ozcan

Sector: Technology and home services

Based: Jumeirah Lake Towers, Dubai

Size: 55 employees and 100,000 cleaning requests a month

Funding:  The company’s investors include Collective Spark, Faith Capital Holding, Oak Capital, VentureFriends, and 500 Startups. 

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How green is the expo nursery?

Some 400,000 shrubs and 13,000 trees in the on-site nursery

An additional 450,000 shrubs and 4,000 trees to be delivered in the months leading up to the expo

Ghaf, date palm, acacia arabica, acacia tortilis, vitex or sage, techoma and the salvadora are just some heat tolerant native plants in the nursery

Approximately 340 species of shrubs and trees selected for diverse landscape

The nursery team works exclusively with organic fertilisers and pesticides

All shrubs and trees supplied by Dubai Municipality

Most sourced from farms, nurseries across the country

Plants and trees are re-potted when they arrive at nursery to give them room to grow

Some mature trees are in open areas or planted within the expo site

Green waste is recycled as compost

Treated sewage effluent supplied by Dubai Municipality is used to meet the majority of the nursery’s irrigation needs

Construction workforce peaked at 40,000 workers

About 65,000 people have signed up to volunteer

Main themes of expo is  ‘Connecting Minds, Creating the Future’ and three subthemes of opportunity, mobility and sustainability.

Expo 2020 Dubai to open in October 2020 and run for six months

Updated: February 24, 2024, 12:30 AM