Alabama Attorney General Steve Marshall says he won’t prosecute IVF families, providers

(BIRMINGHAM, Ala.) — Alabama Attorney General Steve Marshall does not intend to prosecute in vitro fertilization providers or families in the wake of a state Supreme Court ruling that embryos should be considered children — a decision that has thrown the whole process into chaos.

“Attorney General Marshall has no intention of using the recent Alabama Supreme Court decision as a basis for prosecuting IVF families or providers,” Katherine Robertson, chief counsel in the Alabama Attorney General’s Office, said in a statement.

At least three providers have stopped IVF procedures in the wake of the ruling out of concern that mishandling of embryos, even if unintentional, could lead to civil or even criminal lawsuits.

In an unprecedented decision, the state’s highest court ruled that “unborn children are ‘children’ … without exception based on developmental stage, physical location, or any other ancillary characteristics.”

Alabama Chief Justice Tom Parker quoted the Bible in a concurring opinion, citing the sanctity of unborn life.

“Human life cannot be wrongfully destroyed without incurring the wrath of a holy God, who views the destruction of His image as an affront to Himself,” Parker wrote in the decision.

The ruling was part of a civil lawsuit in which someone wandered into a fertility clinic and dropped embryos belonging to several couples. The couples filed wrongful death suits against the facility, but a lower court threw out the suits. The state Supreme Court then reversed the decision, setting a new precedent that embryos are the same as children.

Alabama Republican Gov. Kay Ivey said Friday she was “working on a solution” with Republican colleagues in the House and Senate to pass legislation that would guard IVF treatments in the state.

“Following the ruling from the Alabama Supreme Court, I said that in our state, we work to foster a culture of life,” Ivey said in a statement. “This certainly includes some couples hoping and praying to be parents who utilize IVF. Republican colleague in the Legislature Senator Tim Melson, along with Senate and House members, are working on a solution to ensure we protect these families and life itself. I look forward to continue closely following this issue.”

Melson is proposing legislation to protect IVF that would say embryos must be implanted in the uterus to be considered viable.

Another Republican state congressman, Russell Bedsole, told ABC News he’s “confident” they will address the issue.

“I am confident a quick solution will occur that will once again ensure that Alabamians will have access to IVF services,” said Rep. Russell Bedsole.

Donald Trump, the leading GOP candidate for president, also said Friday he supports IVF and called on the state legislature to protect the option.

“We want to make it easier for mothers and fathers to have babies, not harder! That includes supporting the availability of fertility treatments like IVF in every State in America,” Trump posted on his social media platform.

ABC News’ Lalee Ibssa and Soo Rin Kim contributed to this report.

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