After the Alabama Supreme Court's IVF Decision, What's Next?

The Alabama Supreme Court’s February 16 decision in LePage v. Mobile Infirmary Clinic, Inc. has been grossly misrepresented, arguably for partisan ideological purposes. It has been framed as an all-out attack on artificial reproduction and another nefarious consequence of the reversal of Roe v. Wade. It is neither. It is quite narrow, focused on whether Alabama’s Wrongful Death of a Minor Act, under which the parents whose embryos were lost due to clinic negligence sued, applies to embryos outside the womb. Alabama precedent had already said it applied in utero.