Embryo loss is integral to IVF. Alabama’s ruling equating embryos with children jeopardizes its practice - eviltoast

An embryo is one of the earliest stages of development of a multicellular organism. But according to the Supreme Court of Alabama, it is a person, too — an unborn child, entitled to the same legal protections as any minor.

The court ruled on Feb. 16 that a fertility clinic patient who accidentally destroyed other patients’ frozen embryos could be liable in a wrongful death lawsuit, writing in its opinion that “the Wrongful Death of a Minor Act applies to all unborn children, regardless of their location,” and that this includes “unborn children who are located outside of a biological uterus at the time they are killed.”

This has had immediate and profound consequences on the practice of in vitro fertilization in the state, with many fertility clinics already deciding to interrupt their services for fear of legal repercussions, including the University of Alabama at Birmingham, which has paused its IVF treatments, as has Alabama Fertility Services.

  • criticon@lemmy.ca
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    8 months ago

    Can I freeze a few dozen embryos and then claim them as my dependants when filling my taxes?

  • pezhore@lemmy.ml
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    8 months ago

    What I don’t get about the fundies that think IVF is against god’s will - what about any other scientific breakthrough? What about antibiotics? Cars?

    Hell, every time you fly you’re effectively spitting in the face of the “Almighty”.

    • rzlatic@lemmy.ml
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      8 months ago

      conservatives like to squeek “that’s against god’s will” but when conservative needs a heart stent or pacemaker to keep him alive, then god’s will is not an issue. when conservative needs a kidney transplant, cancer treatment, or even glasses - there’s no questioning against how god created their bodies.

      as always, there’s no biblical preachings when their asses and their life comfort are in question.

      • lars@lemmy.sdf.org
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        8 months ago

        I have begun to interrupt myself on the many, many occasions when I realize the American Right does not care about ideological inconsistency and that I cannot better understand them or help anyone by recognizing them. It’s no fun but it’s less taxing than trying to understand their contradictory opinions.

      • hypertext5689@lemmy.dbzer0.com
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        8 months ago

        By extension, even something as trivial as wearing clothes is against gods will. If their god didn’t want people to see everyone in their birth suit, then we would’ve had in built clothing that wasn’t form fitting and had a sac of air to turn everyone into a blob.

        • vortic@lemmy.world
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          8 months ago

          This just made me realize something. Hatred of knowledge is baked into the Bible.

          Clothes weren’t a trivial thing for Adam and Eve. When they ate fruit from the tree of knowledge they learned that they should be ashamed of their nakedness and began wearing “clothes”. That was what tipped God off to the fact that they had eaten the fruit and is why they were kicked out of Eden.

          So, according to the Bible, wearing clothes literally is against the will of God. Everything else we do with our knowledge is too since the ability to have knowledge derives from eating that fruit.

          • letsgo@lemm.ee
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            8 months ago

            Nice misquote. It’s not the tree of knowledge, it’s the tree of knowledge of good and evil. There is a difference.

            Biblically there’s nothing wrong with knowledge, as long as it’s appropriately balanced with faith.

            • vortic@lemmy.world
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              8 months ago

              That’s some good pedantry. “The tree of knowledge” is common shorthand for “the tree of knowledge of good and evil”. For example, take christianity.com.

              Edit: I didn’t mean to ignore your real point. It seems to me that “knowledge of good and evil” is what leads people to oppose things like IVF. They believe that they understand what is good and what is evil and are imposing their opinions on everyone else.

              • letsgo@lemm.ee
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                8 months ago

                Your argument appeared to be predicated upon “knowledge”, not “knowledge of good and evil”, hence the need for clarification. There is of course more to knowledge than good and evil.

    • ugh@lemm.ee
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      8 months ago

      I read some bickering about this amongst conservatives, and the reasoning seems to be:

      1. Conception should occur from sex because of the love between husband, wife, and God or something

      2. Typically, they’ll harvest(?) multiple embryos, check if they are viable or have genetic abnormalities, then discard those that aren’t viable or will result in major disabilities. To them, this is killing those unviable/unhealthy “babies”. Sometimes the couple will freeze multiple embryos as backups, but not need them after a successful pregnancy (or more). Those microscopic globs of cells that they call babies are then “murdered”. Their point is that this results in more deaths than lives.

      I’m curious what their opinion would be if a woman wanted IVF after 5 miscarriages, was unable to get the treatment, and went on to have 7 more miscarriages, still without having a successful birth. To be real, fundie couples who refuse contraceptives and are hell bent on having a child could go through many more miscarriages than that.

    • Teal@lemm.ee
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      8 months ago

      The proclamations they make are all to get their way and not about religion at all. These people grab at anything to pass laws they want.

      Alabama claims destroying embryos is against God’s will yet not long ago they executed a prisoner using nitrogen gas which caused that person to suffer for several minutes before dying. The state claims it was a success. If they were so concerned with God’s will they shouldn’t have done that.

      Scientific discovery, cars and antibiotics are not against Christian beliefs but I’m sure if a person singles out a single passage, then twist and spin it you could make life itself blasphemous.

      These government folks passing crap laws are just using anything they can to get their way, similar to how children behave.

    • 4am@lemm.ee
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      8 months ago

      Well, I mean Truth Social is an abomination before god, so

  • vortic@lemmy.world
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    8 months ago

    This seems like it has ramifications far beyond IVF.

    What happens to the morning after pill?

    What happens when an embryo doesn’t implant correctly? Or when a woman miscarries at 10 weeks? Will the woman be blamed based on myths about what causes miscarriages? Will a woman who exercised strenuously be accused of manslaughter or murder?

    10-20% of known pregnancies end in miscarriage and 30-50% of fertilized eggs are lost during implantation. There is a lot of misinformation about what causes failed implantation and miscarriages.. It seems like this ruling, when combined with the false information, could make many women into “murderers”.

    • azertyfun@sh.itjust.works
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      8 months ago

      For these people, the answer to all of those is: yes, outlaw birth control and prosecute women for miscarrying.

      Fascism doesn’t have to make sense and the cruelty is the point.

      However “these people” aren’t a majority. Even in the US, and even in conservative states, the Republicans have faced legislative loss after legislative loss due to the overturning of Roe v Wade. This is one of the reasons why it’s particularly important to go out and vote, because conservative institutions are acting even crazier than their usual electorate and need to be put in check.

      • vortic@lemmy.world
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        8 months ago

        Unfortunately, “these people” seem to have taken over the Alabama Supreme Court and, possibly the US Supreme Court (we’ll see how they rule when this gets to them).

        Hopefully, since Alabama’s Supreme Court justices are elected, they will be voted out over this ruling. Also, hopefully rationality will prevail at the US Supreme Court.

    • Sneezycat@sopuli.xyz
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      8 months ago

      My reasoning for miscarriage is: the woman is not responsible, therefore the government is and should be prosecuted.

      • WhatAmLemmy@lemmy.world
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        8 months ago

        Nek minut: “a representative democracy has no obligation to represent the democratic will of the people.”

        See “to serve and protect”

    • ugh@lemm.ee
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      8 months ago

      IUDs and some birth control pills work by preventing implantation. Those would be banned, too.

  • 3425asdfqwer4@kbin.social
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    8 months ago

    The terrorists must be eliminated. Stop playing defense and trying to roll back the damage and start going directly for them.

  • WolfdadCigarette@threads.net@sh.itjust.works
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    8 months ago

    As always, the intent is to make it more difficult for normal people to exist. Healthcare suffers, women suffer, the poor suffer, and republicans cheer. All joking aside, both sides are just as bad as the other, right fellow Americans?

  • MonkderZweite@feddit.ch
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    8 months ago

    But according to the Supreme Court of Alabama, it is a person

    That bunch of cells can barely be counted as living.

    • lolcatnip@reddthat.com
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      8 months ago

      They’re certainly alive or there wouldn’t be any point in keeping them. What they’re not is people.

      • Black616Angel@feddit.de
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        8 months ago

        A frozen embryo is not really “alive”. Anywhere outside of a specific clinic in a specific container it would thaw and be destroyed immediately.

        I know, where you are coming from, but counting a frozen embryo as alive is really stretching the meaning of alive.

      • Dasus@lemmy.world
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        8 months ago

        Life is defined as “the condition that distinguishes animals and plants from inorganic matter, including the capacity for growth, reproduction, functional activity, and continual change preceding death”

        None of these apply to embryos by themselves. Only when they’re implanted do they gain the capacity for these things.

        If you couldn’t recognise the species even under a microscope, then no, it’s not a person.

        https://upload.wikimedia.org/wikipedia/commons/7/7b/Human_blastocyst.jpg

        That’s a human blastocyst.

        Frozen embryos are from the the stage before blastocysts.

        https://en.m.wikipedia.org/wiki/Embryo_cryopreservation

        Cryopreservation of embryos is the process of preserving an embryo at sub-zero temperatures, generally at an embryogenesis stage corresponding to pre-implantation, that is, from fertilisation to the blastocyst stage.

        I remember when as a kid in the late 90’s, watching Stargate, I thought the US was cool. (Should’ve realised back then those were mostly Canadians in it, lol.) Now it seems like pure insanity over there.

  • lars@lemmy.sdf.org
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    8 months ago

    Are they unintentionally doing these cells a favor by preventing them from being born human in a poor theocracy on a dying planet?

  • otp@sh.itjust.works
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    8 months ago

    I’ll start taking Alabama seriously when their KFCs start putting fried eggs in their buckets with the rest of the chicken.

    “What’re y’all complaining about? You got a WHOLE chicken, not just a few wings and legs!”