The Alabama House and Senate have passed a bill that would protect in virto fertilization, also known as IVF, following weeks of turmoil after an unprecedented ruling in the Alabama Supreme Court.
According to The Hill, the bill will “provide civil and criminal immunity to persons providing goods and services related to in vitro fertilization in certain circumstances; to provide retroactive effect; and to provide for the repeal of the act on a certain date.”
This comes after the Alabama Supreme Court's recent ruling where they declared embryos as children. This caused a stir among fertility clinics in Alabama who chose to stop their IVF services in fear of facing legal issues.
This tough decision from fertility centers resulted from the fact that frozen embryos stored within their facilities may be damaged or destroyed. Lawmakers in the state aimed to act swiftly to resume treatments.
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In the past, IVF was often seen as a sensitive topic that people would not discuss openly. However, recently, more women are now becoming vocal about their experiences with IVF. According to CNN, “IVF common treatment for couples struggling with fertility issues, and about 2% of the US population was conceived using IVF.”
As for the process, CNN explained that “an egg is removed from a woman’s body and fertilized with sperm inside a laboratory before being implanted into a woman’s uterus in hopes of leading to pregnancy.
The embryos can be frozen for genetic testing or to keep them viable for future use.” The pause of treatment, left many families in a state of limbo, putting them at risk of missing lifesaving treatments to have a child. Some people In Alabama decided to travel to neighboring states to continue treatment, as each session is critical.
While all eyes are on Alabama to see how this ruling might cause ripple effects in other states, it has opened up a dialogue about the IVF process.
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Particularly, it has highlighted a larger challenge many Black women in the U.S. already face in their fertility journey. It is difficult for Black women in the US to achieve fertility due to racial disparities, adding to the emotional challenges associated with IVF.
According to an Axios article, “Black women may be twice as likely to have fertility challenges than white women, but cultural factors — underscored by new research — contribute to Black adults seeking treatment less and silently suffering more.”
When it comes to then seeking fertility treatment, there is a stigma that is still around IVF that dates back decades. Aside from cultural barriers, numerous Black women have shared that access to treatment is readily available for white women but not equally accessible for Black women.
In a piece with The Guardian, Rosario Ceballo, the dean of Georgetown University College of Arts and Sciences, stated “For a long time our social narratives about infertility centered on white, upper socioeconomic-class couples. And it was very focused on high-tech, highly-expensive medical interventions like IVF [in vitro fertilization].
There’s a real dichotomy between perceptions of women of color who just have too many babies, and white women whose ability to have babies we need to assist and support.”
Black women who decide to move forward with seeking IVF treatment are often hindered by the high cost, which can reach up to $25,000 per cycle.
Furthermore, the lack of Black male donors discourages many Black women from selecting IVF. The recent legal decision in Alabama has added yet another hurdle Black women face in obtaining access to this advanced fertility treatment.
The recent bill still requires further approval, but we hope it will spark a larger discussion about the ongoing lack of access faced by Black women, and the challenges they will inevitably face despite the outcome.
