Alabama IVF laws 2.0

[Rick345]

House Bill 237 and Senate Bill 159 would provide legal immunity "for death or damage to an embryo to any individual or entity when providing or receiving goods or services related to in vitro fertilization."

The lawmakers in both chambers passed bills that would give civil and criminal immunity related to in vitro fertilization to providers and patients after the Alabama Supreme Court ruling that deemed frozen embryos unborn children. This legislation appears to be only the first step on a long path lawmakers will go down related to IVF.

AL HB237 | 2024 | Regular Session
Summary
In vitro fertilization; civil and criminal immunity provided for in vitro fertilization goods and services in certain circumstances

AL HB237

 

[Bn2f]

So…
Just reading what you have posted I will say that I am disappointed. If I were an Alabama Democrat I would not have signed on to this bill. Republicans own this therefore it’s on Republicans in the state of Alabama to fix this. I don’t know the voting majority of Democrats in the Alabama legislature, but I would have stood on the side insisting that the Alabama justices were wrong and it’s left upon lawmakers not to fashion a loophole, but to codify that genetic material in a vile is not a person.

 

[Rick345]

This is above my pay-grade but from what I gather from my friends in the IVF community every body wants a fix but because of the state constitution this bandaid approach is the best they can do in the short term. At least doctors, nurses and want’a be parents won’t be going to prison or fleeing the state.

Alabama painted itself in a corner with the 2018 constitutional amendment, an update to state's constitution that "acknowledges, declares, and affirms that it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life" -- meaning legislation may only provide a temporary fix without a state constitution amendment. This is only a baby step in what I think will be a long long process.

However, this doesn’t address the issue that started this whole mess. Those issues are what should be done with the person that broke into an IVF lab in Mobile, Alabama and destroyed dozens of embryos? What should be done to compensate the IVF patients whose dreams of motherhood were destroyed? What is the IVF lab’s responsibility to those harmed by their negligence?

 

[Bn2f]

This is above my pay-grade but from what I gather from my friends in the IVF community every body wants a fix but because of the state constitution this bandaid approach is the best they can do in the short term. At least doctors, nurses and want’a be parents won’t be going to prison or fleeing the state.

Alabama painted itself in a corner with the 2018 constitutional amendment, an update to state's constitution that "acknowledges, declares, and affirms that it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life" -- meaning legislation may only provide a temporary fix without a state constitution amendment. This is only a baby step in what I think will be a long long process.

However, this doesn’t address the issue that started this whole mess. Those issues are what should be done with the person that broke into an IVF lab in Mobile, Alabama and destroyed dozens of embryos? What should be done to compensate the IVF patients whose dreams of motherhood were destroyed? What is the IVF lab’s responsibility to those harmed by their negligence?

I understand all this. My comment was not without sympathy for women and families seeking to be parents. But the IVF clinics had already shut down. This, right now, was the brief and timely moment for an astute legislator to make a stand and highlight the hypocrisy and lacking foresight of the court and republicans. Theft, vandalism, breaking and entering, destruction of property, company negligence and any other legal measures come to mind before the charge of murder does against the loss or destruction of IVF material.

 

[RobDownSouth]

This IVF imbroglio is a "farewell fuck you" from the most whackadoodle State Chief Justice, Tom Parker. (No relation to Elvis' manager, though just as ignorant).

Parker is full-on Qanon looney tunes, and publicly admits to being an adherent of the "Seven Mountains" Ultra Christian Theocracy.

He will be forced by constitutional age limits to retire at the end of this year.

The other three Alabama "justices" who adhere to the "women as breeding stock" philosophy are all, by some quirk on the calendar, up for reelection this year (Jimmy, John and Jane).

In theory four of the five votes needed to reduce women to breeding stock can be replaced.

Alabama elected Tuberville as Senator, so I doubt that will happen.

 

[Rick345]

But the IVF clinics had already shut down.

To open the IVF labs as quickly as possible is the aim of the bandaid approach. Since the supreme court ruled embryos are children for the sake of civil lawsuits, that's all they ruled on, that is the accepted interpretation of the state constitution.. In order to change that a new constitutional amendment has to be written and passed. In Alabama the legislature writes the amendment but the amendments are voted on during general elections by the people of Alabama..

In others words every year the general ballot contains which ever government officials which are up for election and a list of amendments. You vote yes or no on each amendment.. The next time amendments are on a ballot is this November, this problem needs to be addressed much sooner than that.. Thus a temporary law saying doctors, and nurses doing IVF work have civil and criminal immunity provided for in vitro fertilization goods and services in certain circumstances.

In other states what you suggest may be possible but because of Alabama law your suggestion would be illegal in Alabama. Its a mess..

 

[butters]

In others words every year the general ballot contains which ever government officials which are up for election and a list of amendments. You vote yes or no on each amendment.. The next time amendments are on a ballot is this November

and, even now, there's an ongoing attempt to keep those amendments (re ivf/personhood as related to abortion off the ballot.

if i come across the article again, i'll post the link. It's from a piece i read yesterday or the day before.

 

[Rick345]

and, even now, there's an ongoing attempt to keep those amendments (re ivf/personhood as related to abortion off the ballot.

if i come across the article again, i'll post the link. It's from a piece i read yesterday or the day before.

Please do... However, the two temporary bills giving immunity to Docs, Nurses, and IVF labs have already passed.