Alabama Supreme Court: Embryos are children

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This is really significant, and has already sent the Left into apoplexy.

The Hill reports, Feb. 19, 2024 [red color emphasis supplied]:

Alabama’s Supreme Court has ruled that frozen embryos are children under state law and subject to legislation dealing with the wrongful death of a minor, stating that it “applies to all unborn children, regardless of their location.”

The court issued this majority decision in a lawsuit brought forth by a group of in vitro fertilization (IVF) patients whose frozen embryos were destroyed in December 2020 when a patient removed the embryos from a cryogenic storage unit and dropped them on the ground.

The plaintiffs subsequently filed two lawsuits against the facility, the Center for Reproductive Medicine, alleging that the clinic had violated Alabama’s Wrongful Death of a Minor Act, which applies to unborn children….

The defendant’s motion to dismiss the lawsuits were granted by a trial court that found a frozen embryo did not fall within the “definition of a ‘person’ or ‘child.’” ….

“The relevant statutory text is clear: the Wrongful Death of a Minor Act applies on its face to all unborn children, without limitation,” the court’s decision stated.

The court found that there is no unwritten exception, as the defendants have argued, to the law that applies to “unborn children who are not physically located ‘in utero’ — that is, inside a biological uterus — at the time they are killed.”

The defendants had also argued that considering frozen embryos as children would result in numerous consequences, including making IVF substantially more expensive and preserving embryos more “onerous.” ….

The ruling was issued by Alabama Supreme Court Justice Jay Mitchell, with seven of the other eight justices concurring. Alabama Supreme Court Justice Greg Cook issued a dissenting opinion.

Cook argued in his opinion that it was not within the role of the court to “expand the reach of a statute and ‘breathe life’ into it by updating or amending it.” He argued the law that was written in 1872 would not have taken into account the status of frozen embryos and to argue that the law does would require an explicit amendment from the state Legislature.

Nearly 3 weeks later, the Iowa State House passed a fetal personhood bill, H.B. 2575, which increases the penalty for the nonconsensual ending of a pregnancy, making it a felony and increasing jail time.

Opponents are taking issue because the bill changes the current language from “terminating a human pregnancy” to the “death of or serious injury to an unborn person.” They argue it is another attack on abortion since Roe v. Wade was struck down.

According to the bill, an unborn person is considered “an individual organism the species homo sapiens from fertilization to live birth.”

Under Iowa law, a class A felony is punishable by up to a mandatory life sentence without the possibility of parole. A person who causes the death of an unborn person “without the consent of the pregnant person” would be guilty of a class A felony.


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2 months ago

From the moment of conception its a child a person knitted in a mothers womb.

Joan d Arc
Joan d Arc
2 months ago

Thank you for this most important and informative post.

2 months ago

Thank God for those who are standing up.

2 months ago

So, what else are these fertile embryos going to become past their “limbo” man-manufactured state? Surely nothing but human beings? But, not yet…without a womb to nurture them into life. So, what to do in the meantime? (Even tho’ we know, these days, we “can NOT” define what a person with a viable womb IS now, even as we “appoint” a Supreme Court justice into the office after her LAME ASS answer to this) In law the extension to all this is, what are they? Humans, or refuse that can be flushed down the toilet like dead goldfish? We already have states that deem that abortion, such a step higher than this, up to the moment of birth is acceptable due to the will of the “mother.” (Barak Hussein Obama voted for this legality as one of his only NON-“PRESENT” votes in his state senate). Don’t I wish that his mother had been given the same option?

So, a good deal of the states will say “flush them.” I’m OK with that, as well, I am “OK” with states that say that life begins with fertilization…ROE v WADE was one of the most un- constitutional rulings since Dred-Scot. This used to belong to the states, and now has been returned to them….NOT BANNED anywhere in the USA…but returned Constitutionally to the states as per written. Demorats will not make this distinction and perseverate in saying that abortion is a Constitutional “right.” BS on it’s outright face. Abortion is NOT in the Constitution. Neither is some “right” to evacuating a womb of a viable life under any circumstances. I am humane enough in more “modern” medical times to recognize that certain circumstances, once known within a certain gestation time, should be afforded abortion rights. OTOH…..Biden claims that when “re-elected,” he will re-instate Roe V Wade as a “right.” DAH!….JOE…there are 3 Constitutionally enforced branches of our government. JOE—You are the enforcer of ONLY those laws written in the House of Representatives, voted into law by the Senate, and overseen as Constitutional by the Supreme Court. YOU CAN NOT RE-INSTATE Roe v Wade all on your own without going through this entire process. You Lose. But low-information voters do NOT understand this.

This has already gone through the oversight of the 3rd branch of government that was meant to have oversight over legislative and administrative branches. It was MEANT to have a check on unconstitutional rulings. It has spoken and unless and until someone comes up with a “new angle,” this is the Constitutional Law of the Land. Deal with it. If you want to evacuate your child out of your womb in a state that prohibits this for some circumstance….vote the next time to your interest…and for your situation, go to the next state that allows you to do so. A “national vote” will not help….you can only vote local elections/consequences to affect your issue on this. Use birth control the next time, it’s all over the place and mostly FREE. Don’t make me pay for your wanton and abandoned passions. Though…I’d rather pay for your live child than for your abortion. I’ve already raised a foster child alongside my own 2 biological children due to this mess.