The Role of VC and Business in Personhood Law
Written by Megan Fuller, Chief Operating Officer, FemHealth Insights
In a landmark ruling that has sent shockwaves through the realm of reproductive rights, the Alabama Supreme Court has declared that frozen embryos are to be considered children, thereby enabling wrongful death claims to be filed against individuals or entities responsible for their destruction. This decision marks a significant milestone in the ongoing discourse surrounding "Personhood Laws" and has profound implications for prospective parents, fertility clinics, and the broader landscape of fertility treatments, including in vitro fertilization (IVF).
Where did the ruling come from?
The controversy at the heart of this ruling originates from lawsuits brought forth by parents who had undergone IVF procedures and chose to freeze their remaining embryos for future use. These parents argued that their embryos were destroyed by another patient due to inadequate security measures, specifically an "unsecured doorway" at the clinic. Initially, a trial court dismissed the wrongful death claims. However, the Alabama Supreme Court has now reversed that decision, stating that "extrauterine children'' or unborn children "located outside of a biological uterus at the time they are killed" are in fact children under the state's Wrongful Death of a Minor law.
Whilst an attorney for one of the couples argued the case is only about holding the clinic accountable for failing to safeguard the embryos, the implications of this ruling extend far beyond this single aspect.
Implications for Parents
This precedent could dramatically increase liability costs, potentially rendering fertility treatments unaffordable for many families. The ruling also challenges the autonomy of parents over their embryos. Should they decide against having more children, they might still be compelled to incur lifelong storage costs for the embryos, effectively eliminating the option to discard them - a significant financial burden. Moreover, what becomes of the frozen embryos when the parents are deceased? This scenario raises the possibility of embryos being classified as orphans of the state, a notion that ventures into uncharted legal territory.
Implications for Providers
Furthermore, the ruling may dissuade medical providers from offering fertility services due to the fear of being held liable in the event an embryo does not result in a successful pregnancy. In the sole full dissenting opinion, Alabama Supreme Court Justice Greg Cook wrote “No rational medical provider would continue to provide services for creating and maintaining frozen embryos knowing that they must continue to maintain such frozen embryos forever or risk the penalty of a Wrongful Death Act claim”.
Implications for the US
The ripple effects of this decision may not be confined to Alabama. The ruling has already been cited by a religious group in a Florida abortion rights case, indicating the potential for similar judgments to emerge in other states, thereby reshaping the legal landscape surrounding reproductive health and rights across the country.
What can be done?
In light of these developments, the conversation around Personhood Laws and their implications for businesses and healthcare providers is more crucial than ever. Poignantly, in a recent episode of the FemTech Focus Podcast, Janna Meyrowitz Turner, co-founder of VCs for Repro shed light on the issue. VCs for Repro, a coalition of over 125 venture capital firms with collective assets surpassing $112 billion, represents a formidable force capable of influencing societal norms and legislative environments.
Turner emphasized the potential for investors to advocate for favorable legislative conditions that enable fertility clinics and other reproductive health services to flourish. Given the vested interests of venture capitalists in the success of these enterprises, there is a significant incentive to engage in proactive measures to ensure a supportive regulatory framework. This approach not only benefits the businesses themselves but also contributes to a broader societal good by facilitating access to essential fertility treatments and upholding reproductive rights.
Learn more about Personhood Laws in this clip from the FemTechFocus Podcast
Conclusion
The Alabama Supreme Court's ruling on frozen embryos as children once again highlights the threats facing reproductive healthcare and the critical role of investors and businesses in navigating these turbulent waters. Their collective efforts can pave the way for a future where reproductive rights are protected, access to fertility treatments remains open and equitable, and parents retain the right to decide for themselves what happens to their embryos. In the face of such challenges, the power of collaboration and strategic action offers a beacon of hope for those advocating for the rights and dignity of individuals and families across the spectrum of reproductive health.
About the Author:
Megan Fuller is Chief Operating Officer at FemHealth Insights. Megan is passionate about breaking stigmas, removing barriers to access, and bridging gender gaps. She believes firmly that improving education will improve healthcare for both current and future generations.
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