A controversial lawsuit that briefly halted access to in-vitro fertilization (IVF) services in Alabama has been dismissed, resolving the legal battle but leaving lingering questions about the future of fertility treatments in the state.
Felicia Burdick-Aysenne and Scott Aysenne, who filed a wrongful death claim against a Mobile IVF provider after the accidental destruction of their embryos, submitted a motion Friday to dismiss their case with prejudice. This means they cannot refile the same claim in the future against The Center for Reproductive Medicine and Mobile Infirmary Medical Center. The motion did not specify the reason for the dismissal but noted that each party would bear their own legal costs. The decision effectively closes the case in the current court, but its impact has already reverberated through Alabama’s IVF landscape.
The case garnered significant attention when the Aysennes, along with two other couples—James and Emily LePage, and William Tripp Fonde and Caroline Fonde—filed lawsuits against the same IVF providers. The plaintiffs alleged that the embryos they had stored at the Center for Reproductive Medicine were destroyed when the cryogenic storage area was left unsecured in 2020. They claimed that an individual gained unauthorized access to the facility, leading to the loss of their embryos.
The lawsuits were consolidated and brought before the Alabama Supreme Court, where they led to a controversial ruling in February that temporarily halted IVF services in the state. In a majority opinion, Justice Jay Mitchell concluded that Alabama’s 1872 wrongful death statute did not extend to frozen embryos, citing no legal exception under the law or a 2018 constitutional amendment that requires the state to protect the rights of the unborn.
Chief Justice Tom Parker, who agreed with the majority opinion, made a religious and philosophical argument, stating that human life begins before birth and that embryos should be protected as bearing the image of God.
This ruling prompted several IVF programs across Alabama to pause operations, stirring a wave of local and national criticism. In response, the Alabama Legislature passed a bill in March granting civil and criminal immunity to IVF clinics, allowing fertility treatments to resume. Mobile Infirmary has resumed IVF services temporarily, but those will cease on December 31 due to ongoing litigation concerns.
Meanwhile, The Center for Reproductive Medicine plans to relocate its operations to new facilities in Mobile and Dothan to continue providing IVF services despite the legal uncertainties.
While the dismissal of the Aysennes’ lawsuit has resolved the immediate legal issue, the controversy surrounding reproductive rights and the future of IVF in Alabama remains unresolved.
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