After a ruling by the Alabama Supreme Court on Feb. 16, which states that frozen embryos can be considered children under state law, Mobile Infirmary announced on Feb. 22 they would halt IVF treatments.

"Mobile Infirmary, an affiliate of Infirmary Health, announce today that in vitro fertilization (IVF) procedures are paused following the recent Alabama Supreme Court decision. Effective Feb. 24, 2024, the Center for Reproductive Medicine at Mobile Infirmary is pausing IVF treatments to prepare embryos for transfer," a statement read.

With the passing of Senate Bill 159 on March 7, some institutions began to resume their IVF treatment programs for patients. The bill offers civil and criminal immunity to patients, clinics and medical providers in cases of death or injury to an embryo. Additionally, it extends criminal immunity and outlines procedures for calculating damages in instances where an embryo is harmed or killed by a manufacturer of products used in the IVF procedure or during the transportation of stored embryos.

However, Infirmary Health and the Center for Reproductive Medicine hesitated to resume treatments an issued a statement that read, "Based upon the language of the law, we are not reopening until we have legal clarification on the extent of immunity provided by the new Alabama law. At this time, we
believe the law falls short of addressing the fertilized eggs currently stored across the state and leave challenges for physicians and fertility clinics trying to help deserving families have children of their own."

However, in an update on April 3, Infirmary Health announced the temporary resumption of IVF treatments at Mobile Infirmary Hospital.

"In order to assist families in Alabama and along the Gulf Coast who have initiated the process of IVF therapy in the hopes of starting a family, Mobile Infirmary has temporarily resumed IVF treatments at the hospital," the statement read. "However, in light of litigation concerns surrounding IVF therapy, Mobile Infirmary will no longer be able to offer this service to families after Dec. 31, 2024."

The ruling by the Alabama Supreme Court originated from an incident in Mobile, where three couples filed a wrongful death suit against The Center for Reproductive Medicine and Mobile Infirmary Medical Center. The lawsuit stemmed from a patient at Mobile Infirmary Hospital gaining unauthorized access to the Center's fertility clinic in 2020.

According to reporting by Gulf Coast Media in February, court documents read, "The patient then entered the cryogenic nursery and removed several embryos. The subzero temperatures at which the embryos had been stored freeze-burned the patient's hand, causing the patient to drop the embryos on the floor, killing them."
The lawsuits asserted claims under Alabama's Wrongful Death of a Minor Act.

In his statement within court documents, Justice Jay Mitchell addressed the legal intricacies of the case, affirming that Alabama's Wrongful Death of a Minor Act applies to all unborn children, irrespective of their location at the time of demise.