Alabama Supreme Court Says Couple Can Continue Wrongful Death Lawsuit Over Destruction Of Frozen Embryos

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The Alabama Supreme Court ruled late last week that frozen embryos should be recognized and protected as unborn children as several couples sue a fertility clinic over the destruction of frozen embryos.

In an 8-1 ruling, the court said that the state’s Wrongful Death of a Minor Act applies to frozen embryos because the law protects all children regardless of their location. The justices rooted their decision in the clause of Alabama’s Constitution that says that the public policy of the state is to uphold the sanctity of unborn life.

“Here, the text of the Wrongful Death of a Minor Act is sweeping and unqualified. It applies to all children, born and unborn, without limitation,” wrote Justice Jay Mitchell in the majority decision. “It is not the role of this Court to craft a new limitation based on our own view of what is or is not wise public policy. That is especially true where, …

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