VIEWPOINT | Don’t let Alabama ruling hurt South Dakota families

Guest column by Billie Sutton and Sen. Liz Larson

As South Dakota parents, we are deeply concerned about the recent decision by the Alabama Supreme Court regarding in vitro fertilization (IVF). Following the accidental destruction of a number of frozen embryos at an IVF storage facility, the court allowed for a wrongful death lawsuit, calling into question the legal status of stored embryos in a clinic context.

In the wake of the ruling, several IVF clinics in Alabama closed, citing a lack of legal clarity, and IVF treatments for patients at those clinics ended. While there has been some action since the case to attempt to protect IVF, the hopeful parents struggling with infertility and using those services in Alabama are understandably devastated. 

This isn’t just Alabama’s problem. This ruling could have major implications across the United States, and there is growing concern that this ruling could be replicated in states like South Dakota. Our state is just one lawsuit away from losing IVF because South Dakota — like Alabama — lacks clarity in our laws. This must change. 

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