Alabama Supreme Court decision to give frozen embryos full personhood.

in alabama •  9 months ago 

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Any embryo implanted via IVF is likely to be very much wanted by their parents and is, on average, likely to live a very good life, whereas any fetus that the mother wants to abort but cannot do so due to abortion restrictions is, on average, in for a really tough life with parents who don't want them.

The Alabama Supreme Court decision to give frozen embryos full personhood puts enough of a legal shadow on IVF clinics that they will likely shut down in the state. This basically creates the worst possible incentive gradient for choosing the next generation -- they made it harder to have wanted babies, while existing laws make it very hard to avoid unwanted babies. Is this really the future Republicans want?

But wait! It's a lot more complicated than that. IVF is not (yet) a political wedge issue.

83% of evangelicals, and 78% of people holding anti-abortion views, support access to IVF.

Even the architect of Alabama's abortion ban was quoted as saying “We’ve got five IVF clinics in Alabama. Right now, they all don’t know what to do. They’re all afraid they’re going to get sued by plaintiffs lawyers. Something has to be done pretty quickly.”

Interestingly, contraception is also not a wedge issue! 86% of Republicans feel that using contraception is not the same as getting an abortion. Both IVF and contraception remain very popular across the political spectrum.

Also, the details of the case are super weird. A patient at the IVF clinic "wandered into" the secure area where the embryos were kept, "accidentally" opened up the freezer, took some embryos out, and then reflexively dropped them on the floor because they were too cold to handle. The patient did destroy something that had more than a monetary value, as these embryos may have represented someone's only chance to have kids. This isn't quite the same as literally killing someone's kids, but it's not the same as stealing someone's car either. I can see the argument of "these people wanted to have kids, and you prevented them from having kids by destroying the things that could have become their kids; you should face a huge legal penalty for this". However, giving embryos full personhood turns every IVF clinic into an orphanage with thousands of perhaps-perpetually frozen children, and that's basically a legal risk no IVF clinic can take. (Note that in the court case, the parents sued the hospital that owned the IVF clinic, not the person who destroyed the embryos!)

I'm hoping there's some way for this court decision to get followed up with something a bit more sane and scientifically informed that reflects the near-consensus views on IVF in America.

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