In Vitro Fertilization, State Wrongful Death Statutes, and State Fetal Homicide Statutes: The Reaction to LePage v. Center for Reproductive Medicine

In Vitro Fertilization

In this article, Paul Benjamin Linton, Esq., examines the implications of the Alabama Supreme Court decision in LePage v. Center for Reproductive Medicine, which held that the parents of human embryos that were negligently destroyed at a fertility clinic could bring an action for damages under the State’s wrongful death statute. Although the Alabama legislature promptly enacted a law essentially overturning the state supreme court’s decision, concerns have been raised that the court’s decision might influence courts in other States to interpret their wrongful death statutes, or possibly even their fetal homicide statutes, to apply in similar circumstances, thereby threatening the availability of in vitro fertilization (IVF) technology. This article addresses those concerns.