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Alabama “frozen embryos are children” ruling loomed as Ohio couple welcomed unique newborn

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A baby boy born last week to an Ohio couple developed from an embryo that had been frozen for more than 30 years in what is believed to be the longest storage time before a birth. Further complicating the topic is a 2024 Alabama Supreme Court decision that said that frozen embryos have the legal status of children. State leaders have since devised a temporary solution shielding clinics from liability stemming from that ruling, though questions linger about remaining embryos.

The issues surrounding donated human eggs and the 2024 Alabama Supreme Court ruling were at the heart of the premiere episode of “APR Notebook.” University of Alabama professor Diane Tober she was in a roomful of conservative looking Alabama women who wanted to have children through IVF, despite living in a state with a pro-life reputation.

Linda Archerd donated her embryos to the Ohio parents. She says she turned to IVF in 1994. Back then, the ability to freeze, thaw and transfer embryos was making key progress and opening the door for hopeful parents to create more embryos and increase their chances of a successful transfer.

She wound up with four embryos and initially hoped to use them all. But after the birth of her daughter, Archerd and her husband divorced, disrupting her timeline for having more children.

In what's known as embryo adoption, Lindsey and Tim Pierce of Ohio used a handful of donated embryos that have been frozen since 1994 in pursuit of having a child after fighting infertility for years. Their son was born Saturday from an embryo that had been in storage for 11,148 days, which the Pierces’ doctor says sets a record.

It’s a concept that has been around since the 1990s but is gaining traction as some fertility clinics and advocates, often Christian-centered, oppose discarding leftover embryos because of their belief that life begins at or around conception and that all embryos deserve to be treated like children who need a home.

“I felt all along that these three little hopes, these little embryos, deserved to live just like my daughter did,” said Linda Archerd, 62, who donated her embryos to the Pierces.

Just about 2% of births in the U.S. are the result of in vitro fertilization, and an even smaller fraction involve donated embryos. However, medical experts estimate about 1.5 million frozen embryos are currently being stored throughout the country, with many of those in limbo as parents wrestle with what to do with their leftover embryos created in IVF labs.

As the years turned into decades, Archerd said she was wracked with guilt about what to do with the embryos as storage fees continued to rise.

Eventually, she found Snowflakes, a division of Nightlight Christian Adoptions, which offers open adoptions to donors from people like Archerd. She was also able to set preferences for what families would adopt her embryos.

“I wanted to be a part of this baby’s life,” she said. “And I wanted to know the adopting parents.”

The process was tricky, requiring Archerd to contact her initial fertility doctor in Oregon and dig through paper records to get the proper documentation for the donation. The embryos then had to be shipped from Oregon to the Pierces’ doctor in Tennessee. The clinic, Rejoice Fertility in Knoxville, refuses to discard frozen embryos and has become known for handling embryos stored in outdated and older containers.

Of the three donated embryos the Pierces received from donor Linda Archerd, one didn’t make the thaw. Two were transferred to Lindsey Pierce’s womb, but just one successfully implanted. According to Dr. John David Gordon, the transfer of the nearly 31-year-old embryo marks the longest-frozen embryo to result in a live birth. He would know: Gordon says his clinic assisted in the previous record, when Lydia and Timothy Ridgeway were born from embryos frozen for 30 years, or 10,905 days.

“I think that these stories catch the imagination,” Gordon said. “But I think they also provide a little bit of a cautionary tale to say: Why are these embryos sitting in storage? You know, why do we have this problem?”

In a statement, Lindsey and Tim Pierce said the clinic’s support was just what they needed.

“We didn’t go into this thinking about records — we just wanted to have a baby,” Lindsey Pierce said.

For Linda Archerd, the donation process has been an emotional roller coaster. Relief that her embryos finally found a home, sadness it couldn’t be with her and a little anxiety about what the future holds next, with possibly meeting the Pierces and the baby in person.

“I’m hoping that they’re going to send pictures,” she said, noting that the parents have already sent several after the birth. “I’d love to meet them some day. That would be a dream come true to meet — meet them and the baby.”

 

Pat Duggins is news director for Alabama Public Radio.
The Associated Press
[Copyright 2024 NPR]
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