WION Explains: The 'embryos are babies' debate and how it will affect 2024 US Presidential elections

In the United States, Nikki Haley, a Republican Presidential hopeful has courted controversy by stating that she believes frozen embryos created through in vitro fertilisation (IVF) were babies. Her comments echo a recent controversial ruling by the Alabama Supreme Court.

Haley, the last major 2024 Republican presidential challenger to frontrunner Donald Trump, has added fuel to the debate over the status of embryos in IVF procedures and the legal implications of considering them as children. With the 2024 presidential race gaining heat in the US, the issue is likely to remain contentious.

Here's all you need to know about the 'embryos are babies' issue.

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What is IVF, and what are embryos?

IVF or In-vitro fertilisation is a popular fertilisation method available to childless individuals. It uses eggs from a biologically female individual and sperm from a biologically male person to create embryos.

Here, embryos refer to the initial stage of development of a multicellular organism. In humans, the term embryo is used to refer to a pregnancy until the end of the seventh week following conception.

IVF combines egg and sperm to grow embryos in the culture medium until they are implanted in the uterus.

Alabama Supreme court ruling on embryos

On Friday (Feb 16), the Alabama Supreme Court ruled that frozen embryos can be considered children under the state's laws, and that they are entitled to the same right as other unborn children.

Passing the 7-2 majority ruling, Justice Jay Mitchell wrote "Unborn children are 'children'… without exception based on developmental stage, physical location, or any other ancillary characteristics".

The ruling by the Alabama Supreme Court was issued in response to wrongful death cases involving destroyed embryos. In 2021, a patient at a fertility clinic in Mobile had allegedly broken into an IVF freezer and dropped several trays containing embryos. The case was brought against the fertility clinic, and after the top court ruling, three couples can now sue the facility for wrongful death.

Nikki Haley's comments

On Wednesday (Feb 21), speaking during a TV interview with NBC News, the presidential candidate addressing the Alabama court ruling remarked, "Embryos, to me, are babies."

"When you talk about an embryo, you are talking about, to me, that's a life. And so I do see where that’s coming from when they talk about that," said Haley.

However, when asked about the potential ramifications of the decision, she chose a softer approach and said: "This is one where we need to be incredibly respectful and sensitive about it."

In another interview later the same day — with CNN, she clarified that her remarks didn't mean she agreed with the court ruling.

"I didn't say that I agreed with the Alabama ruling," she said, adding "Our goal is to always do what the parents want with their embryo. It is theirs."

Nikki has campaigned as an anti-abortion presidential contender, reports ABC News. However, seeking to differentiate herself from the Republican field, she tends to voice a less strict tone on the issue.

Concerns over the court ruling

The Alabama Supreme Court ruling on embryos has raised concerns among IVF patients and doctors, with some unsure about how to proceed with treatments.

Following the ruling, the University of Alabama at Birmingham hastemporarily stopped IVF treatments due to fears of legal repercussions and said: "We must evaluate the potential that our patients and our physicians could be prosecuted criminally or face punitive damages for following the standard of care for IVF treatments."

Watch |Are frozen embryos Children? Alabama Supreme Court gives first-of-its-kind decision

Thedecision has been met with criticism, from experts who warn that it could have a devastating impact on people suffering from infertility and hoping to utilise IVF.

"We know for all these years that we've been doing IVF not only in the United States, but around the world, there is no moment of conception. This is a group of cells. We know that not every embryo even gets to a stage of several days, let alone a live birth. And so to say that every single embryo is a child is just factually incorrect, flies in the face of science, and it is an affront to the millions of babies that have been born through IVF and this process," Barbara Collura, President and CEO of infertility advocacy group Resolve, told Reuters.

On X, Vice President Kamala Harris called the decision "outrageous" and said it would rob "women of the freedom to decide when and how to build a family."

Criticising the decision, the White House, said it would create chaos for American families.

Speaking to reporters aboard Air Force One, White House press secretary Karine Jean-Pierre said the decision reflected the consequences of the Supreme Court overturning Roe v. Wade and blamed Republican elected officials from blocking access to reproductive and emergency care to women.

"This president and this vice president will continue to fight to protect access to reproductive health care and call on Congress to restore the protections of Roe v. Wade in federal law for all women in every state," he added.

In the upcoming elections, abortion rights is likely to be a key issue. On one hand, Democrats are likely to utilise it to draw more Democrats and some independent and Republican voters to US President Joe Biden.

His likely opponent, former President Donald Trump, however, is known for his anti-abortion stand, and has gone as far to take credit for the Supreme Court decision to overturn Roe v. Wade. Polls have shown that most voters oppose candidates who favour strict abortion restrictions. Will the issue sway the 2024 US Presidential elections? Only time will tell.

(With inputs from agencies)