ASRM Responds to Proposed Alabama Legislation

Statement attributable to Sean Tipton, Chief Advocacy and Policy Officer American Society for Reproductive Medicine


February 29, 2024
For Immediate Release

Since the Alabama Supreme Court released its misinformed decision, we have seen democracy in action. Patients, physicians, and people in Alabama are justifiably outraged that eight justices of the state Supreme Court have effectively halted access to critical health care, preventing the people of Alabama who need medical assistance to build their families from doing so. We are proud of our Alabama members and their patients, who have been such incredible advocates working to motivate their legislators to protect IVF.

We are pleased that the members of the Alabama General Assembly have responded to that advocacy and have repeatedly stated their interest in providing a legislative solution. However, the legislation we’ve seen this week as a proposed solution – even as most recently revised – is inadequate insofar as it fails to correct the Supreme Court’s nonsensical stance that fertilized eggs are scientifically and legally equivalent to children. Therefore, we believe these bills will not provide the assurances Alabama’s fertility physicians need to be confident they can continue to provide the best standard of care to their patients without putting themselves, their colleagues, and their patients at legal risk. Without a more permanent and thorough fix, it will be difficult to recruit new physicians to the state and build their practices so they can continue to provide the best possible care to Alabamians.

Make no mistake: Alabama's recent legislative response has far-reaching consequences for all Americans' access to reproductive healthcare. As states look to one another for guidance, Alabama's lawmakers must courageously lead and identify a solution to ensure everyone has access to standard-of-care medicine and that the law is clear: embryos are not children, and essential health care should not be criminalized. The nation – arguably, the world – is watching.

These are trying times for our members and their patients in Alabama. We stand with them and will do everything in our power to ensure fertility treatments can again be safely offered in the state.

Rather than pass this inadequate band-aid of a bill, we call on the legislative leaders to take the time to craft a more complete solution.  As always, we stand ready to assist as they take on this task.

Read the Amicus Brief filed by ASRM on this issue

For almost a century, the American Society for Reproductive Medicine (ASRM) has been the global leader in multidisciplinary reproductive medicine research, ethical practice, and education. ASRM impacts reproductive care and science worldwide by creating funding opportunities for advancing reproduction research and discovery, by providing evidence-based education and public health information, and by advocating for reproductive health care professionals and the patients they serve. With members in more than 100 countries, the Society is headquartered in Washington, DC, with additional operations in Birmingham, AL. www.asrm.org 

For media inquiries regarding this press release contact:

Sean Tipton
ASRM Chief Advocacy and Policy Officer
E: stipton@asrm.org

Anna Hovey
Advocacy Engagement Specialist
E: ahovey@asrm.org 

J. Benjamin Younger Office of Public Affairs 
726 7th St. SE
Washington, DC 20003
Tel: (202) 863-2494

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A Message from the Office of Public Affairs

ASRM is already pushing for legislation in Congress and the states to protect IVF. It requires resources to analyze and advocate for or against these bills.

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