The Alabama Supreme Court issued a ruling last week stating that frozen embryos should be considered “unborn children” under the state’s Wrongful Death of a Minor Act.

The 8-1 decision came in response to lawsuits filed by three couples against a fertility clinic after five of their frozen embryos were accidentally destroyed. The couples had sued for wrongful death damages.

A lower court had previously dismissed the wrongful death claims. But the state Supreme Court ruled the law protects all unborn children, including frozen embryos, without limitation. The majority opinion cited Alabama’s constitutional amendment recognizing the sanctity of unborn life.

After being overturned, the couples’ request for punitive damages will now return to the Mobile Circuit Court that initially heard the case.

The sole dissenting justice warned the ruling could severely restrict IVF procedures in Alabama going forward. However, the majority maintained it is the court’s duty to uphold the stated public policy of the state without crafting limitations.

In concurring opinions, the chief justice and others cited Biblical verses, historic thinkers, and moral principles to argue frozen embryos deserve full legal protection.

Pro-life groups praised the decision as affirming that human life begins at fertilization. But reproductive rights advocates warned it could threaten IVF access and lead to other unintended consequences.

The complex issues surrounding frozen embryo personhood continue to spark debate. But for now, the precedent in Alabama is that such embryos should be treated as children under wrongful death law. The effects of the ruling remain to be seen.