The decision caused a real shock wave in the United States, and more specifically in the state of Alabama. Friday February 16, the Supreme Court of this southern state ruled on the fate of frozen embryos, which it now considers as full persons. Which means that if the embryos are destroyed, the individual can be charged with murder.
In their judgment, the judges of the Supreme Court consider that “unborn children are children” like others, and that frozen embryos should benefit from the same protection as babies under the law on accidental death of a minor (Wrongful Death of a Minor Act). Alabama thus becomes the first state to grant human rights to a developing organism at such an early stage after procreation.
The doctors are up in arms
Unsurprisingly, the reversal of jurisprudence was quickly welcomed by “pro-life” activists, who are delighted with “moral clarity” translated into a court decision. “Children are being created at will in petri dishes, then destroyed and used for experimentation,” said Lila Rose, president and founder of Live Action, a national anti-abortion organization. “It is not acceptable to leave human beings in ice. It is not acceptable to destroy them. They are not goods,” insists Lila Rose to our colleagues at the Washington Post.
A position that goes against the grain of many health professionals, who say they are extremely concerned about a decision that has no medical basis. “Unfortunately, this has become a political debate, when in fact it is a scientific debate, and one that raises questions about how we can practice medical care as health professionals,” said Mamie McLean, a doctor at one of the state’s largest fertility clinics, told the American newspaper.
Especially since the use of the in vitro fertilization technique has continued to increase in recent years. In 2021, some 97,000 children were born via IVF in one of the country’s 453 clinics in 2021, according to Centers for Disease Control and Prevention. There were just over 78,000 four years earlier, in 2017.
A late reaction from Washington
Surprising fact: rendered at the end of last week, the decision took several days to get people talking about it. For example, we had to wait until Tuesday February 20, four days after the judgment, for the White House to react. “This is exactly the type of chaos we expected when the Supreme Court overturned Roe v. Wade (a 1973 U.S. Supreme Court ruling that protects the right to abortion throughout the United States, Editor’s note) and has paved the way for politicians to dictate to families some of the most personal decisions,” US Presidential Press Secretary Karine Jean-Pierre told reporters traveling with President Joe Biden.
Its consequences on in vitro fertilization processes could prove devastating. First of all, given this decision, “neither patients, nor doctors, nor in vitro fertilization laboratories will accept having frozen embryos”, summarizes Doctor McLean, officiating in Alabama. Thus, certain establishments specializing in assisted procreation could well be forced to suspend their activities.
Additionally, Katie O’Connor, director of federal abortion policy at the National Women’s Law Center, told the Washington Post that the decision could lead to confusion among doctors, who would have difficulty differentiating what is prohibited. of what is not in terms of palliatives for sterility.
A collection of underlying problems
Second difficulty: in the United States, the ordinary scenario today still remains the freezing of several embryos at the same time, in the hope that one of them is viable and can give birth to a child. Based on this observation, what about the others which will not be used? “If someone still has five embryos and decides not to have another child and asks for them to be destroyed, is that [le médecin] could be charged with being an accessory to a crime?” Jennifer Lincoln, a licensed obstetrician-gynecologist who practices in Portland, Oregon, asks the newspaper.
There also arises the question of the increase in costs that the recognition of the rights of the embryo would cause. Indeed, for fear of being charged with murder if the eggs are not used, doctors could decide to limit themselves to a smaller number of eggs when collecting eggs. However, the lower the number of eggs collected, the lower the chances of obtaining fertilization. “Some patients may therefore need several egg collections to obtain the same pregnancy rate as we were trying to obtain with a single collection,” explains Mamie McLean. Multiple attempts “which will cost more”, says the doctor.
Violation of a woman’s right to control her body
Another factor which could increase the cost of the process: if we follow the logic of the case law handed down last Friday, unused embryos will have to be preserved after the death of the couple who requested in vitro fertilization. “Even after that of his children, grandchildren and great-grandchildren,” points out the Alabama State Medical Association.
This is why many couples who have had IVF are already considering shipping their frozen embryos out of the state. But again, the operation is expensive. Count on around $1,500 to send embryos to laboratories in other states, “whose storage capacities would already be strained,” warns the Washington Post AshLeigh Meyer Dunham, a Birmingham mother who conceived a child through fertilization in vitro and who is a partner in a law firm specializing in cases of assisted procreation techniques.
An increase in prices which may result in difficulties for some in accessing this service. Many women would thus risk no longer having the means to finance procreation assistance, which would inevitably amount to a decline in women’s freedoms and rights, according to many feminist associations.
The observation is all the more worrying when we know that this decision, although limited to the borders of Alabama, is part of a conservative wave notably embodied by the “pro-life”, activists campaigner against the right to abortion and medically assisted procreation. A movement that is flourishing in the four corners of the United States, with a conviction grafted into its hearts: as soon as there is fertilization, there is life.