Alabama’s recent ruling that frozen embryos qualify as children is not just a legal misstep; it is an affront to common sense and reproductive rights. This decision not only lacks scientific grounding but also sets a dangerous precedent with far-reaching implications for women’s autonomy and access to assisted reproductive technologies like in vitro fertilization (IVF).
At the heart of this issue lies a fundamental misunderstanding of the nature of frozen embryos. Equating them to living, breathing children is not only scientifically inaccurate but also deeply flawed from a moral and ethical standpoint. Frozen embryos are not sentient beings; they are not capable of experiencing life in any meaningful sense. They are, quite simply, collections of cells suspended in a state of cryopreservation. They are simply not human. In order to be human there has to be a highly developed brain and heart, something frozen embryos do not have. An embryo is considered an embryo for 10 weeks, from that point it becomes a fetus. A fetus is an unborn offspring that develops and grows inside the uterus of women and other mammals, and it is not viable until it is 24 weeks.
The implications of this ruling are staggering. If frozen embryos are now considered children, what does that mean for the women who have undergone IVF procedures and have embryos stored in fertility clinics? These women should be granted social security numbers, eligible for tax credits and entitled to government assistance for their “children.” Such a notion is not only absurd but also impractical and potentially harmful.
Moreover, the ruling fails to recognize the complexities and uncertainties inherent in the IVF process. IVF is not a guaranteed path to parenthood; it is a costly, emotionally taxing procedure that often involves multiple rounds of treatment and carries no guarantee of success. Pausing IVF treatments for women who have already embarked on this journey is not only unjust but also cruel, adding further anguish to an already difficult process. Also, women who have already completed the procedure are not able to transport their embryos currently. Even if it is not considered safe, if those women choose to take the risk to have the embryos moved, they should be able to do so. And if those embryos were to not be transported safely, there should be no consequences to the individuals they belong to nor the company that acted on the transportation.
This decision sets a dangerous precedent for government interference in reproductive rights. If the state can dictate what happens to frozen embryos, what is to stop them from extending their reach to other aspects of reproductive health? This ruling represents a slippery slope towards increased government intrusion into matters that should remain between women, individuals and their healthcare providers.
Additionally, the ruling highlights a troubling inconsistency in the allocation of resources. While the state of Alabama is quick to bestow legal personhood upon frozen embryos, it has simultaneously neglected the needs of born children by eliminating essential programs like the summer food program. This hypocrisy underscores the misplaced priorities of policymakers and further underscores the need for a reevaluation of Alabama’s approach to reproductive rights and social welfare.
The decision to classify frozen embryos as children is not only misguided but also deeply unjust. Frozen embryos are just that. They are embodiments of hope and science, not personhood. It undermines women’s autonomy over their own bodies and reproductive choices, threatens access to vital reproductive technologies and sets a dangerous precedent for government interference in matters of personal autonomy. Alabama must reconsider this ruling and uphold the rights and dignity of women everywhere.
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Alabama Supreme Court ruling, an affront to common sense
Ashonti Shaw, Staff Columnist
March 2, 2024
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