Alabama Governor Kay Ivey signed a bill last night, Wednesday, March 6 that grants protection to in vitro fertilization (IVF) medical providers and patients.

The Alabama State Legislature worked swiftly to pass SB159 after the Feb. 16 Alabama Supreme Court’s ruling that frozen embryos can be considered children under state law.

Just days after the Court’s decision was made public, three Alabama medical facilities pushed the pause button on IVF procedures. The ruling has made national news and IVF patients, providers and reproductive rights protests have been held in Montgomery.

Senate Bill 159 was introduced in the Alabama Senate Feb. 27 and swiftly moved to the Alabama House Feb. 29. The bill passed and made its way to Gov. Ivey’s desk. Gov. Ivey signed the bill into law March 7.

The bill provides patients, clinics and medical providers civil and criminal immunity for death or damage to an embryo. It also provides criminal immunity and damage calculations for the death or damage of an embryo by a manufacturer of goods used in the IVF process or the transport of stored embryos.

After she signed the bill, Gov. Ivey released her full statement that read:

“The overwhelming support of SB 159 from the Alabama Legislature proves what we have been saying: Alabama works to foster a culture of life and that certainly includes IVF. I am pleased to sign this important, short-term measure into law so that couples in Alabama hoping and praying to be parents can grow their families through IVF. IVF is a complex issue, no doubt, and I anticipate there will be more work to come, but right now, I am confident that this legislation will provide the assurances our IVF clinics need and will lead them to resume services immediately.

“I commend Senator Tim Melson, Representative Terri Collins, President Pro Tem Greg Reed and Speaker Nathaniel Ledbetter, as well as the members of the Legislature for quickly tackling an issue we did not anticipate when we started this session.

“Make no mistake about it, though, in the coming days, weeks and months, particularly as we are in the heat of a national election, we will hear a lot of political rhetoric around IVF. Let me say clearly: Alabama supports growing families through IVF. From protection the unborn to supporting IVF, Alabama is proud we are a pro-life, pro-family state.”

Shortly after Gov. Ivey signed the bill, University of Alabama Birmingham (UAB) and Alabama Fertility Specialists released statements and announced they would resume IVF treatments for patients.

University of Alabama Birmingham (UAB) released a video statement from Warner Huh, M.D., chair of the UAB Department of Obstetrics and Gynecology.

“UAB appreciates the Alabama Legislature and Governor Kay Ivey for swiftly passing and signing legislation that provides some protections and therefore allow UAB to restart in vitro fertilization (IVF) treatments. While UAB is moving to promptly resume IVF treatments, we will continue to assess development and advocate for protections for IVF patients and providers.”

On the Alabama Gulf Coast, IVF patients of Infirmary Health will have to wait. A statement from Infirmary Health and the Center for Reproductive Medicine read:

“Based upon the language of the law, we are not reopening until we have legal clarification on the extent of immunity provided by the new Alabama law. At this time, we believe the law falls short of addressing the fertilized eggs currently stored across the state and leave challenges for physicians and fertility clinics trying to help deserving families have children of their own.”

A statement from the Alabama House Democratic Caucus mentions the swift action to respond to the Alabama Supreme Court ruling but criticized the job as half done.

“SB 159 is shortsighted and does not adequately address the many legal questions of embryonic personhood, nor the serious consequences of the unprecedented and dangerous Alabama Supreme Court ruling. In an effort to avoid these questions – and the direct results of their prior legislative actions – the majority has resorted to a broad and damaging erosion of judicial access by Alabama families.

“What is at stake is our future, and the freedom of Alabama families has yet to be secured. Our caucus will continue to fight for healthcare autonomy, reproductive rights including a right to contraception and equal treatment under the law.

“We look forward to the legislative majority and the Governor fulfilling their commitment to fully addressing this issue and stand ready to implement a real solution.

“Simply put, this legislation is not a solution. It serves only to avoid a reckoning, at the cost of extending the complications of the Alabama Supreme Court’s ruling.”