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Chapter 1 - Introduction

Published online by Cambridge University Press:  07 October 2026

Eivind Engebretsen
Affiliation:
University of Oslo
Mona Baker
Affiliation:
University of Oslo

Summary

In February 2024, the Alabama Supreme Court issued a ruling that sent shock waves through the world of reproductive medicine. In a wrongful-death case, the court held that frozen embryos created through in vitro fertilisation (IVF) count as ‘children’ under state law (Gunther 2024). The ruling cited no new biomedical evidence; it did not reassess IVF outcomes or safety. Yet, within days, multiple fertility clinics in Alabama suspended IVF treatments. Physicians and clinic directors faced an impossible question: could routine practices such as freezing, discarding, or genetically testing embryos now expose them to criminal liability under child-protection statutes? The answer was unclear. In that moment of uncertainty, care stopped being the main concern.

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