Abstract
Over the past two decades, the supply of frozen embryos has exponentially increased in America. Today, estimates put the total amount of stored embryos at up to 1.5 million. In a post-Dobbs world, much uncertainty and anxiety exists as to what can and should be done with these embryos. In 2024, the panic became especially heightened when the Alabama Supreme Court ruled, in LePage v. The Center for Reproductive Medicine, P.C., that frozen embryos were eligible for the same protections as other minor children in civil wrongful death actions. This ruling, the first of its kind, opened the door for a flood of potential liability for IVF clinics and related facilities. It also sent politicians at all levels scrambling for an answer. Whether the federal government finds a solution or whether the states are left to set the rules on how these embryos may be used or disposed of, a way forward is needed—and quickly. It is imperative that order is restored to the IVF industry and that clear guidance is available to the thousands of individuals who are exploring this important part of family planning.
Recommended Citation
Akins, Benjamin W. and Bursuc, Vlad A.
(2025)
"Addressing the Supply of Frozen Embryos in a Post-Dobbs America,"
University of Florida Journal of Law & Public Policy: Vol. 35:
Iss.
2, Article 1.
Available at:
https://scholarship.law.ufl.edu/jlpp/vol35/iss2/1
