LePage v. Center for Reproductive Medicine - Alabama Supreme Court SC-2022-0579
This Court has long held that unborn children are "children" for
purposes of Alabama's Wrongful Death of a Minor Act, § 6-5-391, Ala.
Code 1975, a statute that allows parents of a deceased child to recover
punitive damages for their child's death. The central question presented
in these consolidated appeals, which involve the death of embryos kept in a cryogenic nursery, in a cryogenic nursery, is whether the Act contains an unwritten
exception to that rule for extrauterine children -- that is, unborn children
who are located outside of a biological uterus at the time they are killed.
Under existing black-letter law, the answer to that question is no: the
Wrongful Death of a Minor Act applies to all unborn children, regardless
of their location.
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