LePage v. Center for Reproductive Medicine

Ala. ___ (2024) · Docket No. SC-2022-0515; SC-2022-0579 (consolidated)

Full caption: LePage v. Center for Reproductive Medicine, P.C.; Burdick-Aysenne v. Center for Reproductive Medicine, P.C.

Formally in force but practically superseded by Alabama SB 159

Court
Alabama Supreme Court
Decided
February 16, 2024
Majority author
Mitchell, J.
Joined by
Multiple justices (7 of 9)
Vote
7-2 (majority applied Wrongful Death of a Minor Act to extrauterine embryos)

Question presented

Whether Alabama's Wrongful Death of a Minor Act of 1872, which allows civil suits for the death of an 'unborn child,' applies to cryogenically preserved embryos stored at an IVF facility.

Holding

Alabama's Wrongful Death of a Minor Act applies to all 'unborn children' regardless of location — including embryos stored outside a biological uterus. The plaintiffs could therefore proceed with wrongful death suits after unauthorized destruction of their frozen embryos.

Key reasoning

The court applied its precedent (Mack v. Carmack, 2011) recognizing unborn children as persons under the Act, and reasoned that the statute's text draws no distinction based on location. Chief Justice Parker's concurrence added an extended theological argument grounded in the Sanctity of Unborn Life Amendment (Ala. Const. art.

§ 1 Reasoning

The court applied its precedent (Mack v. Carmack, 2011) recognizing unborn children as persons under the Act, and reasoned that the statute's text draws no distinction based on location. Chief Justice Parker's concurrence added an extended theological argument grounded in the Sanctity of Unborn Life Amendment (Ala. Const. art. I, § 36.06) and biblical texts.

§ 2 Opinions

Majority

Mitchell, J.

Multiple justices (7 of 9)

Alabama's Wrongful Death of a Minor Act applies to all 'unborn children' regardless of location — including embryos stored outside a biological uterus. The plaintiffs could therefore proceed with wrongful death suits after unauthorized destruction of their frozen embryos.

Concurrence

Parker, C.J.

Not joined by any other justice

Explicitly grounded personhood in Christian theology, quoting Genesis and citing 'the wrath of a holy God' — drew national attention for religious framing.

Dissent

Two justices dissenting

Not joined by any other justice

Argued that the Wrongful Death of a Minor Act should not extend to embryos outside a biological uterus.

“The Wrongful Death of a Minor Act applies to all unborn children, regardless of their location.” Mitchell, J. (majority) · slip op.

§ 3 Key quotes

“Human life cannot be wrongfully destroyed without incurring the wrath of a holy God, who views the destruction of His image as an affront to Himself.”
Parker, C.J. (concurring)concurrence, quoting theological sources

§ 4 Practical effect

Immediately following the decision, three major Alabama IVF providers suspended services. On March 6, 2024 — just 19 days later — the Alabama Legislature passed SB 159, granting civil and criminal immunity to IVF providers for damage to embryos, effectively neutralizing the ruling's practical effect on IVF without addressing the underlying personhood holding. Rep. Michelle Steel withdrew co-sponsorship of the federal Life at Conception Act following the decision.

§ 5 Perspectives

The summaries below are descriptive, not evaluative — an attempt to represent fairly how each camp typically frames this case.

Abolitionist framing

Abolitionists embrace LePage as a state-level victory for prenatal personhood — showing that fertilized embryos are legal persons. Foundation to Abolish Abortion cites it as precedent that the personhood argument can succeed. The rapid legislative reversal is criticized as showing pro-life groups' unwillingness to accept the logical implications of personhood.

Mainstream pro-life framing

Mainstream pro-life groups largely distanced themselves from the ruling's IVF implications. SBA Pro-Life America and NRLC supported the Alabama legislature's rapid immunity legislation for IVF providers.

Pro-choice framing

Reproductive rights advocates cited LePage as showing that fetal personhood laws inevitably threaten IVF, contraception, and other reproductive medicine. The case became a major political liability for national Republicans during the 2024 campaign.

§ 6 Significance

6/ 10

As a state supreme court interpretation of state statute, its precedential reach is limited. But as the highest-profile personhood ruling to date and a major political flashpoint, it shapes both abolitionist strategy and national politics.

Legal precedential weight4
Practical impact on access3
Movement relevance (abolitionist)9
Enduring relevance, 20267

§ 7 Sources

Editorial note Verify docket numbers and full citation before publication; the case appears widely as 'LePage v. Center for Reproductive Medicine' but the consolidated caption is complex.