When Kristia Rumbley, a mother of four from Birmingham, first heard about the Alabama Supreme Court’s contentious verdict on frozen embryos, her first thought was her own.
Rumbley and her husband have stored three embryos at a clinic after experiencing secondary infertility after having their first child. They underwent in vitro fertilization to expand their family, but three frozen embryos went unused. Rumbley and her husband are now preserving the embryos until they decide their fate.
TMRW Life Sciences, a biotech company managing frozen eggs and embryo, estimates that the US has over one million frozen eggs and embryo, although the exact number in Alabama remains unknown.
However, the state Supreme Court’s decision has thrown the prospects of those embryos and IVF into disarray. While some politicians try to protect IVF, facilities in the state have closed, and patients like Rumbley are racing to send their frozen embryo to other states.
Here’s what we know so far regarding the destiny of the frozen embryo housed in Alabama.
Why and how embryos are frozen during IVF?
IVF, established in the 1970s, is a popular fertility treatment for parents struggling with conceiving and those using surrogacy. According to Andrew Harper, MD, it is the best and often only option for a significant percentage of the infertility population. However, a recent investigation found that IVF only births 2% of US children.
Northwestern University professor Eve Feinberg suggests that one fertilized egg is not enough for in vitro fertilization (IVF), arguing that doctors often fertilize more eggs than needed due to inefficiency. She advises patients with multiple children to freeze two to four embryos for each child, allowing medical personnel to conduct genetic testing, especially for those with a family history of specific genetic problems who choose IVF.
Patients with cancer risk losing fertility may store eggs or embryos before treatment, while parents may freeze embryo after IVF to postpone childbearing for various reasons, according to Feinberg.
In 2015, Rumbley had one IVF cycle, resulting in three children from six healthy embryo. However, the cost of frozen embryo could increase rapidly due to annual storage fees ranging from $500 to $1,000. The embryos can be donated to other couples or used for scientific study, and they can also be destroyed.
After ruling, frozen embryos are left in “cryogenic limbo.”
The Alabama Supreme Court has ruled that frozen embryos are children and individuals can be held accountable for their destruction, causing IVF procedures to be temporarily suspended in three facilities.
Rumbley and her spouse are considering a personal decision, expressing her distress at the thought of losing her children to a different family and deciding to wait until fully prepared, despite knowing she won’t have them.
She argues that if embryos are entitled to the same rights as born children, the government can take them away if they believe they are mistreated or neglected. They suggest that the government may consider embryo frozen for seven years as neglect.
Seema Mohapatra, a law professor at SMU Dedman School of Law, stated that embryos, traditionally considered property, are now considered “akin to children” in Alabama. According to Mohapatra, the extraordinary decision also raises the issue of who would foot the bill for the long-term preservation of frozen embryo.
Rumbley wants to transfer her embryos to Massachusetts, but she claims she hasn’t been able to get in touch with the hospital where they are being kept to see if she can send them herself or through a third-party firm.
She remarked that it is uncertain if moving the items would constitute criminal negligence, but they are aware of the need to ensure they remain under their control.
Lauren Bowerman, a writer and editor from Birmingham, has one daughter born via IVF and five frozen embryos at the University of Alabama at Birmingham clinic, and plans to move their embryo out of state if necessary.
Seattle Sperm Bank and CryoFuture will transport frozen embryos from Alabama for a discounted fee, following a court ruling. The Medical Association of the State of Alabama warns of potential civil liability for reproductive doctors. Alabama attorney general Steve Marshall will not bring charges against providers or consumers. Madison center will store frozen embryos with a Minnesota cryostorage business.
“It will continue to be someone’s issue long after I am gone,” he declared. Bowerman describes herself as “deeply frustrated and grieving” at the decision and the ensuing delay in her own transfer of embryo.
She expressed concern about the possibility of their daughter’s life being endangered if legislation like this had been passed at the time
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