House Minority Leader Anthony Daniels’ bill says an embryo is not an ‘unborn child’

HUNTSVILLE, Ala. (WHNT) — Alabama House Minority Leader Anthony Daniels has introduced a bill aimed at pausing the fallout from the Alabama Supreme Court decision last week declaring frozen human embryos as “children” under state law.

The ruling has drawn national headlines, led UAB to temporarily close its in vitro fertilization lab, left scores of families confused and dropped a new, emotionally and politically charged issue for the Alabama Legislature to address.

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The issue wasn’t on the legislative radar even a week ago, but in the court’s concurring and dissenting opinions last week, both sides called on the legislature to quickly take on the issue.

Alabama Sen. Tim Melson, R-Florence, has said he will introduce legislation addressing the questions raised by the court’s opinion.  Daniels did introduce a bill Thursday. He told News 19 Friday he was surprised this week had gone by without a bill submitted, leaving Alabama families in the lurch with no clear direction.

Daniels said a pause of the court order is needed and so are deeper conversations in Alabama about the court’s interpretation.

“In this legislation, I want to make certain a fertilized embryo is not, until it gets to the uterus, it is not considered a child,” Daniels said. “I want there to be a conversation between lawmakers about how to properly address the issue. But if the general public is not reaching out their legislators, their lawmakers, I don’t see this issue being elevated to the top as a priority.”

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The fallout over the opinion now includes the American Cancer Society expressing concern that the order could harm families of cancer patients hoping to conceive. The group said some cancer treatments can lead to infertility and IVF is a route a number of patients have used.

The Associated Press reported the UAB system, Alabama Fertility Services and Infirmary Health have all announced pauses in fertility treatment.

Daniels also expressed concern Friday that national election year politics could affect the debate in Alabama over the court’s ruling.

Daniels said among his areas of concern, the prospect of criminal charges against IVF clinic workers if a human embryo is treated as a child under state law.

“Those individuals that are working in a lab, want to make certain that they are not charged, criminally prosecuted for murder when mishandling or a mistake happens in the lab,” he said.

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