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The Florida legislature stopped the bill to protect unborn child

NPR: https://npr.org/2024/02/28/1234423416/up-first-newsletter-michigan-uncommitted-votes-alabama-ivf-bills

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Democrats in the Alabama Senate had unsuccessfully tried to amend the bill to state that a human embryo outside a uterus can not be considered an unborn child or human being under state law. Sen. Linda Coleman-Madison, a Democrat from Birmingham, said that was the most direct way to deal with the issue. Republicans blocked the amendment from coming up for a vote.

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Those on both sides of the abortion debate attributed the pause to fallout from the Alabama Supreme Court’s ruling that frozen embryos should be considered children.

If it moves ahead, the bill would add Florida to the ranks of about a dozen other states that allow parents to receive financial damages in some instances when a fetus has died. The bill says in cases of wrongful death, parents of an “unborn child” are considered survivors who can sue in civil court.

The bill amounts tofetal personhood, since it assigns full rights to a fetus. Such a designation, they said, would imperil doctors and anyone who assisted women in obtaining an abortion and would also adversely affect fertility treatments.

“Although I have worked diligently to respond to questions and concerns, I understand there is still work that needs to be done,” Senator Erin Grall, a Republican from Vero Beach and the bill’s sponsor, said in a statement. There is an issue of significance and it is important to get the policy right.

The Alabama ruling spurred abortion opponents like Donald J. Trump, as well as several Republican governors to support I.V.F.

Critics feared the bill could make it harder for families to have children, since it doesn’t mention I.V.F.

Mary Ziegler, a law professor at the University of California, Davis, said that I.V.F. was a problem for the bill from the beginning. “But the degree of backlash and concern increased significantly after the ruling. It turned into a fire.

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But there’s no avoiding the theological basis of the Alabama court’s solicitude for “extrauterine children,” to use the majority opinion’s phrase. In a concurring opinion in which he referred to embryos as “little people,” Tom Parker, Alabama’s chief justice, rested his analysis on what’s become known as the Sanctity of Unborn Life Amendment that Alabama voters added to the state’s constitution in 2018. It is as if the people of Alabama took the words of prophetJeremiah and applied it to the unborn person in this state. The chief justice sanctified you before you were born.

Republican Rep. Ernie Yarbrough of Trinity tried unsuccessfully to put an amendment on the bill that would prohibit clinics from intentionally discarding embryos that are unused or after genetic testing.

“This is what is important to me and a lot of members of this House. Understand, that once that is fertilized, it begins to grow, even though it may not be in a woman’s uterus,” Gidley said.

The lawmaker said that the state has spent too much time interfering with women’s decisions and that’s because it has a strict abortion ban.

Lawmakers may be able to provide a temporary solution through legislation, but a long term solution must be found to address the amendment to the constitution which gave “personhood” to embryos, according to Representative Chris England.

More than 200 IVF patients filled the Statehouse on Wednesday to call for the return of in-vivo services. They told lawmakers how the ruling halted their path to parenthood.

LeeLee Ray underwent a lot of surgeries and had several failed attempts to have a child before she turned to surrogates. She and her husband found a surrogate through a matching program, but now can’t have their embryos transferred to her and are unable to move their embryos out of state.

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