Are Frozen Embryos Children? A Discussion of the Alabama Decision on Embryo Rights and the Future of IVF Pregnancies in the US

02/29/24 • 34 min

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When does life begin? In this episode of Stanford Legal, co-hosts Rich Ford and Pam Karlan dig into the recent decision by the Alabama Supreme Court that has sent shockwaves through the fertility treatment community. The ruling, which considers frozen embryos as children under state law, has wide-ranging implications for in vitro fertilization (IVF) practices. Bioethics and law expert Hank Greely joins the discussion, providing insights into the background of the case, its legal implications, and the potential ramifications for IVF clinics and patients in Alabama—and throughout the country. The conversation highlights the intersection of law, medicine, and ethics, revealing the complex challenges surrounding embryo rights and reproductive freedoms.

Connect:

Episode Transcripts >>> Stanford Legal Podcast Website
Stanford Legal Podcast >>> LinkedIn Page
Rich Ford >>> Twitter/X
Pam Karlan >>> Stanford Law School Page
Stanford Law School >>> Twitter/X
Stanford Law Magazine >>> Twitter/X

Links:

Hank Greely >>> Stanford Law School Page | Twitter/X

(00:00:00) Chapter 1: Introduction & The Alabama Supreme Court Ruling

Hank Greely, discussing the recent Alabama Supreme Court decision regarding frozen embryos. He provides background on the Alabama Supreme Court decision and the implications for fertility treatment in the state along with explaining the legal basis of the ruling and the claims brought forth by the plaintiffs.

(00:03:43) Chapter 2: Wrongful Death Act & Implications of the Decision

Discussion on the Alabama Wrongful Death Act and its application to unborn children, including frozen embryos. Exploration of the broader implications of the decision, including ethical and legal concerns.

(00:08:21) Chapter 3: Understanding Frozen Embryos

Hank Greely explains the process of in vitro fertilization (IVF) and the concept of frozen embryos, including the harvesting of eggs and the reasons for freezing embryos.

(00:14:05) Chapter 4: Legal and Ethical Concerns

Analysis of the legal and ethical implications of the Alabama decision for IVF clinics and patients. Greely, Karlan, and Ford then discuss the political and legislative responses to the Alabama decision, including potential future actions

(00:26:49) Chapter 5: Gender and Control Over Reproduction

Show Notes: Discussion on the gender dynamics and control over reproduction highlighted by the Alabama Supreme Court ruling.

(00:33:29) Chapter 6: Political Ramifications and Predictions

Hank Greely offers his perspective on potential legislative responses and the broader implications for reproductive rights. From congressional bills to grassroots activism, we explore the evolving landscape of reproductive justice. They also explore the political ramifications and the future outlook for fertility treatment.

Connect:

Episode Transcripts >>> Stanford Legal Podcast Website
Stanford Legal Podcast >>> LinkedIn Page
Rich Ford >>> Twitter/X
Pam Karlan >>> Stanford Law School Page
Stanford Law School >>> Twitter/X
Stanford Law Magazine >>> Twitter/X

Links:

Hank Greely >>> Stanford Law School Page | Twitter/X

(00:00:00) Chapter 1: Introduction & The Alabama Supreme Court Ruling

Hank Greely, discussing the recent Alabama Supreme Court decision regarding frozen embryos. He provides background on the Alabama Supreme Court decision and the implications for fertility treatment in the state along with explaining the legal basis of the ruling and the claims brought forth by the plaintiffs.

(00:03:43) Chapter 2: Wrongful Death Act & Implications of the Decision

Discussion on the Alabama Wrongful Death Act and its application to unborn children, including frozen embryos. Exploration of the broader implications of the decision, including ethical and legal concerns.

(00:08:21) Chapter 3: Understanding Frozen Embryos

Hank Greely explains the process of in vitro fertilization (IVF) and the concept of frozen embryos, including the harvesting of eggs and the reasons for freezing embryos.

(00:14:05) Chapter 4: Legal and Ethical Concerns

Analysis of the legal and ethical implications of the Alabama decision for IVF clinics and patients. Greely, Karlan, and Ford then discuss the political and legislative responses to the Alabama decision, including potential future actions

(00:26:49) Chapter 5: Gender and Control Over Reproduction

Show Notes: Discussion on the gender dynamics and control over reproduction highlighted by the Alabama Supreme Court ruling.

(00:33:29) Chapter 6: Political Ramifications and Predictions

Hank Greely offers his perspective on potential legislative responses and the broader implications for reproductive rights. From congressional bills to grassroots activism, we explore the evolving landscape of reproductive justice. They also explore the political ramifications and the future outlook for fertility treatment.

Previous Episode

Tackling Mass Incarceration in the US

Why does the U.S. have the highest incarceration rate in the industrialized world, with individuals, communities, and taxpayers paying a steep price for lengthy prison terms for even nonviolent offenders? Michael Romano, a criminal justice lawyer who founded and directs the Three Strikes Project at Stanford Law School, the first law school program of its type in the country focused on securing reduced sentences for incarcerated people deemed to be serving disproportionate sentences, has spent his career on this uniquely American challenge. As the project’s director for the past 16 years, Mike has worked with Stanford Law students to win the release of more than 200 Californians imprisoned under the state’s Three Strikes law.

Along with helping hundreds of people sentenced to life in prison for minor/nonviolent crimes, the Three Strikes team also worked to change California’s Three Strikes Law. In 2012 they celebrated passage of the Three Strikes Reform Act, a landmark legislative effort led from start to finish by Stanford Law students and project staff members in partnership with the NAACP Legal Defense Fund.

Connect:

Episode Transcripts >>> Stanford Legal Podcast Website
Stanford Legal Podcast >>> LinkedIn Page
Rich Ford >>> Twitter/X
Pam Karlan >>> Stanford Law School Page
Stanford Law School >>> Twitter/X
Stanford Law Magazine >>> Twitter/X
Michael Romano >>> Twitter/X

Next Episode

Bill Gould on Dartmouth Basketball and the Changing Game of Unions and College Athletics

Pam Karlan and labor law expert and former NLRB chair William Gould IV explore the quickly changing arena of college athletics including the push for student-athlete unionization, the debate over compensation, and other issues at the intersection of sports and academia. From the Dartmouth College men's basketball team's union election to the broader challenges facing university athletics, they discuss the complex issues shaping the law and the future of collegiate sports.

Connect:

Episode Transcripts >>> Stanford Legal Podcast Website
Stanford Legal Podcast >>> LinkedIn Page
Rich Ford >>> Twitter/X
Pam Karlan >>> Stanford Law School Page
Stanford Law School >>> Twitter/X
Stanford Law Magazine >>> Twitter/X

Links:

William Gould IV >>> Stanford Law School Page
Recent Q&A with Gould >>> Stanford's Bill Gould on the Dartmouth College Basketball Union Vote

(00:00:00) Chapter 1: Introduction to the Intersection of Sports and Labor Law

Pam Karlan introduces the topic of sports law and labor law, highlighting the recent developments in the field and the significance of the intersection between the two areas. Bill and Pam look at an overview of the Dartmouth College men's basketball team unionization case and its implications for the traditional understanding of student-athlete status.

(00:02:03) Chapter 2: The Evolving Definition of Student-Athlete

William B. Gould IV delves into the historical context of the student-athlete designation, tracing its origins and evolution over time. He discusses the complexities of defining student-athletes within the framework of labor law and examines the factors that have contributed to the recent challenges to this classification.

(00:06:49) Chapter 3: Labor Law Considerations in Collegiate Athletics

Gould explores the key principles of labor law as they apply to collegiate athletics, emphasizing the factors that determine employee status and the obligations of universities as employers. The chapter addresses issues such as control over athletes, compensation, and the role of collective bargaining in shaping the future of collegiate sports.

(00:10:00) Chapter 4: Implications for Intercollegiate Sports

Karlan and Gould discuss the broader implications of the Dartmouth case and similar unionization efforts for intercollegiate sports as a whole. They examine the challenges posed by conference realignment, Title IX considerations, and the evolving landscape of athlete compensation, including name, image, and likeness rights.

(00:14:23) Chapter 5: Legal and Policy Perspectives

The conversation shifts to a discussion of the legal and policy considerations surrounding student-athlete rights and the role of the courts in shaping future outcomes. Gould offers insights into the potential impact of Supreme Court decisions and judicial attitudes towards higher education institutions and their treatment of athletes.

(00:21:08) Chapter 6: Looking Ahead

In the final chapter, Karlan and Gould reflect on the future of collegiate athletics in light of ongoing legal battles and shifting societal norms. They explore potential scenarios for reform and address lingering questions about the balance between academic and athletic pursuits, the role of unions in protecting athlete rights, and the broader implications for labor relations in the sports industry.