A couple had frozen embryos (fertilized eggs) that were accidentally destroyed. That is tragic as people who go through IVF will often struggle to get any viable embryos. They sued for wrongful death, which was appealed as there was no death under the common understanding of the term. The Alabama Supreme Court relied on some questionable wording in an old law to allow the suit to continue saying the law protects ‘extra uterine children’ which means all frozen embryos might be considered children. That is risky for IVF providers for obvious reasons.
The case garners a lot of attention because the Chief Justice’s concurring opinion included irrelevant inflammatory religious quotes which might actually form the basis of a novel civil rights appeal.
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