In February 2024, the Alabama Supreme Court ruled that frozen embryos should be treated by the law as if they were children, a decision that could imperil the future of in-vitro fertilization (IVF) procedures. Enabled by the Dobbs decision overturning Roe v. Wade, this ruling will limit fertility treatment in Alabama and further endanger access to abortion and other reproductive care.

The ruling also undermines religious freedom by explicitly prioritizing a single narrow Christian interpretation of fetal personhood. The Talmud teaches that “prior to forty days of gestation the fetus is mayim b’alma (mere water)” (Mishnah Yevamot 69b). According to Jewish law, a fetus does not have a nefesh, or soul, until it is born. This decision infringes on the religious freedom of people of faith – including Reform Jews – who holding opposing theological views about when life begins. 

But this issue is not limited to Alabama. Currently, 13 states are considering legislation regarding fetal personhood, which would effectively outlaw IVF. Three states already have laws proclaiming fetal personhood, which was the precedent on which the Alabama court’s decision was made. Without swift action, those who want nothing more than to start a family could be prevented from doing so.

As attacks on IVF increase and Congress fails to protect IVF at the federal level, states must act to protect reproductive health care. Urge your governor to veto bills that would restrict IVF and support bills that protect IVF and other forms of reproductive health care. 

For More Information: 

For more information on reproductive rights, visit the RAC’s reproductive rights page, WRJ's reproductive rights page, or contact Linda Rae Sher Legislative Assistant Jessica Cadmus at jcadmus@rac.org.

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