ABSTRACT
The 2024 Alabama Supreme Court decision in LePage v Center for Reproductive Medicine, which declared frozen embryos to be ‘children’, represents a significant shift in the legal treatment of in vitro fertilization (IVF) in the United States. This Article examines the context, implications, and potential consequences of LePage for family law, tort law, and access to reproductive technologies. The Article analyzes how this shift could impact disputes over embryo disposition, establishment of legal parentage, and liability for fertility clinics. It also explores the decision’s relationship to broader debates about fetal personhood in the wake of Dobbs v Jackson Women’s Health Organization. While Alabama quickly passed legislation granting immunity to IVF providers, the Article argues that a more comprehensive legal framework is needed to address the myriad issues raised by treating embryos as children. It concludes by proposing principles to guide future regulation of IVF, emphasizing the importance of patient autonomy, predictability, and continued access to fertility treatments.
Ryan, Clare and McMichael, Benjamin J, The Future of Frozen Embryos (February 10, 2025), SMU Law Review, Forthcoming 2025; University of Alabama Legal Studies Research Paper No 5133280.
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