DALLAS — When Alabama’s Supreme Court ruled that frozen embryos are children, three fertility clinics in the state stopped all procedure, worried discarding frozen embryos could lead to civil, even criminal lawsuits.
That ruling and subsequent effect has prompted questions about whether other anti-abortion states, like Texas, might one day come to a similar decision.
Sunday morning on CNN, Texas Gov. Greg Abbott was asked if he agrees that frozen embryos are human beings.
"These are very complex issues," Abbott said. "There’s obviously some uncertainty lingering from this."
Abbott did not answer yes or no, but he did say he believes IVF helps give life to more babies.
"We want to make it easier for people to have babies, not harder," he said. "We as a state want to make sure we promote more life, bring more life into the world, and empower parents to have more children."
Abbott, though, also said there are circumstantial factors that should be considered.
"The number of frozen embryos, is it one, ten, one hundred, a thousand? Things like that matter," the Governor said.
"[If] the mother passes away, what happens then? What happens if after the embryos are frozen, the mother and husband get a divorce?"
Seema Mohapatra is a Professor of Health Law at SMU's Dedman School of Law.
She said even though Alabama’s decision only applies to Alabama embryos, it is possible that ruling could eventually influence IVF care in other anti-abortion states, like Texas.
"There might be legislators that want to restrict the way IVF is practiced, restrict what somebody can do with their embryos," she explained.
Mohapatra said there is no threat of that happening here immediately.
But if enough of our politicians agree with Alabama’s justices that a frozen embryo is a baby, it could happen in time.
"Even things you may not see as related to abortion law or abortion policies, could impact the way you build a family," she said.
Abbott also said in his interview with CNN he fully expects Texas will address this issue once all the different facts and scenarios have been looked at.