The Alabama House passed a bill and the state Senate unanimously passed another on Thursday that would safeguard access to in-vitro fertilization (IVF) following the Alabama Supreme Court decision in LePage v. Mobile Infirmary Clinic, Inc., which classified frozen embryos as children. The House passed HB 237 by a 94-6 majority while the Senate passed SB 159 unanimously.

LePage had immediate and profound effects, it caused at least three of the state’s eight in vitro fertilization (IVF) clinics to pause their services, concerned about potential legal liabilities. Additionally, it also prompted individuals to consider moving their frozen embryos out of Alabama to avoid legal complexities.

HB 237 grants immunity to IVF providers, barring suits over the death of embryos intended for IVF procedures. SB 159 echoes this protection, ensuring that reproductive healthcare providers are shielded from the legal ramifications of the court’s decision. Both have a built-in expiration date, with HB 237 set to expire in June 2025 and SB 159 in April 2025. This “sunset clause” effectively sets a timeframe within which the bills will be active, temporarily fixing current legal challenges faced by reproductive healthcare services.

By extending immunity, the legislature seeks to protect reproductive healthcare providers from the legal uncertainties unleashed by the court’s decision, ensuring that families relying on these services can continue their paths to parenthood without added legal impediments.

Notably, the legislative efforts to safeguard reproductive healthcare providers come against a trend of heightened violence against reproductive care facilities, as evidenced by a recent federal case involving an attempted arson on a clinic.