Cryoport, a major embryo shipping company, said Friday it was “suspending” its operations in Alabama as it evaluates a state Supreme Court ruling that declared frozen embryos created through IVF as children.
“Until the company has further clarity on the decision and what it means for Cryoport, the clinics and intended parents, it is suspending all operations in Alabama until further notice,” read an email obtained by an Alabama fertility clinic and shared with the New York Times. .
The email said Cryoport “could not help” with a scheduled shipment and would instead offer a refund.
The Alabama court ruling has already significantly limited fertility treatment for patients in that state. Three clinics have stopped care as they assess what the decision means for their patients and their own legal liability. The case involved several couples whose frozen embryos were accidentally destroyed at a clinic in Mobile. It found that the clinics could be held liable for wrongful-death claims, bringing new weight to accidents that are not uncommon in fertility treatment.
Cryoport’s decision will make it more difficult for current IVF patients to move embryos out of state to continue treatments.
Embryo transfer is common in modern fertility treatment, as patients sometimes move and need to change clinics or transfer embryos they do not intend to use soon to a long-term storage facility.
Other companies also ship embryos, and one announced Friday that it will continue to work in Alabama. IVF CRYO, which advertises that it has shipped more than 1 million reproductive health samples, said on its website that it would continue to ship embryos to and from that state “regardless of the increased legal complexity and risk our business now assumes ».
Other embryo transfer companies did not immediately respond to requests for comment.
Cryoport also responded to a request for comment. On its website, it describes itself as the “most trusted provider” of temperature-controlled shipments and touts that it has shipped more than 600,000 packages in more than 10 years of working in the IVF industry. In 2022, she generated nearly $10 million in revenue from her work in reproductive health.
The court ruling and the swift response have been excruciating for reproductive health providers in the state and for patients alike.
“These conversations have been some of the most difficult of my career,” said Dr. Mamie McLean, a reproductive endocrinologist at the Alabama Fertility Center, which stopped treatment earlier this week. “These are patients with whom I have made decisions about care plans and families who will not have another child because of that decision.”
Although her clinic does not currently recommend that patients transfer their frozen embryos out of state, she said she has fielded many calls from patients asking about the option.
“Not only can they not get treatment in Alabama, now they can’t get treatment elsewhere. They are trapped,” said Dr McLean. “It means that this decision has ramifications outside the walls of my state.”
Barbara Collura, president of infertility advocacy group Resolve, said Cryoport’s decision was upsetting but not unexpected.
“It’s an amazing turn of events, but I’m not surprised at all when you talk about sending embryos,” he said. “If I ran one of these companies, I would do the same. It’s very dangerous right now.”
