FLORENCE, Ky. — Legislators are moving to protect in vitro fertilization from criminal liability after the Alabama Supreme Court ruled that a human embryo is an “unborn child.”

What You Need To Know

  • The Alabama Supreme Court ruled frozen embryos are children

  • Sen. Cassie Chambers Armstrong filed Senate Bill 301 hoping to protect IVF in Kentucky

  • According to Forbes Health, on average, IVF can cost between $12,000-$14,000 for one cycle of treatment

  • Dr. Thomas Burwinkel, a fertility specialist, has helped thousands of women get pregnant 

Dr. Thomas Burwinkel has been a fertility doctor in Kentucky for over a decade, helping over 6,000 women get pregnant. He says over the years he’s seen how emotionally taxing in vitro fertilization or IVF can be for couples.

He said, "It’s a difficult process for women and couples to go through infertility. And then it’s even a bigger struggle to go through the treatments because they’re costly."

According to Forbes Health, on average IVF can roughly cost between $12,000-$14,000 for one cycle of treatment, but after an Alabama Supreme Court ruling, those costs are more likely to increase.

He said, “it’s very unfortunate that there are equating an embryo with a human life.”

Following the court ruling that declared frozen embryos to be children, many clinics became concerned about being held liable if something were to happen to those embryos. As a result, Alabama’s largest IVF clinic within the University of Alabama at Birmingham Health System paused treatments.

Dr. Burwinkel said, “The majority of the patients are very concerned, especially if they’re going through IVF? What’s going to happen to my embryos, especially what’s going to happen to my frozen embryos?”

Sen. Cassie Chambers Armstrong, D-Louisville, filed Senate Bill 301, hoping to protect IVF treatment in Kentucky, and to clarify that an embryo cannot be considered an “unborn child.”

She said, “I think everyone understands that IVF is really important to families. It’s really meaningful for families to have access to it. And so, unlike some other conversations we have where it’s tougher to find common ground, I’m hopeful this is one that will bring everyone together.”

While Dr. Burwinkel applauded the bill, he stressed that all women’s reproductive rights should be protected.

He said, ”There are certain other rights that are inherent with women’s reproductive rights, too. It would certainly be nice to have all women’s reproductive rights protected."

Burwinkel says his offices will continue to do what they can to protect the rights of all their patients.

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