Cryoport, a major embryo transport company, announced on Friday that it would “temporarily suspend” operations in Alabama in recognition of the state Supreme Court's ruling that recognized frozen embryos produced through in vitro fertilization as children.
An email received by an Alabama fertility clinic and shared with The New York Times said the company would like to provide “further clarity on this decision and what it means for Cryoport, the clinic, and intended parents.” Until further notice, we are suspending all activities in Alabama until further notice.” .
The email said Cryoport was “unable to assist” with the scheduled shipment and would instead offer a refund.
An Alabama court ruling already significantly limits infertility treatment for patients in the state. The three clinics have temporarily suspended their operations while they consider what the ruling means for their patients and their legal responsibilities. The case involved several couples whose frozen embryos were accidentally destroyed at a Mobile clinic. It has been found that a clinic could be held liable for wrongful death claims, giving new gravity to incidents that are not uncommon in infertility treatment.
The cryoport decision will make it more difficult for current IVF patients to transfer their embryos out of state to continue treatment.
Embryo transport is common in modern infertility treatments, which may require patients to relocate, change clinics, or move embryos not intended for immediate use to long-term storage facilities. It's for a reason.
Cryoport did not respond to requests for comment. On its website, the company describes itself as the “most trusted provider” of temperature-controlled shipping and touts having shipped more than 600,000 packages in more than 10 years in the IVF business. In 2022, he earned nearly $10 million from his work in the reproductive health field.
The court's decision and rapid response have been excruciating not only for patients but also for reproductive health providers across the state.
“These conversations have been some of the most difficult of my career,” says Dr. Mamie McLean, a reproductive endocrinologist at the Alabama Fertility Center who stopped treatment earlier this week. “These are patients for whom I have made decisions about their care plans, and these are families who will not have another child because of this ruling.”
Although her clinic currently does not recommend that patients transfer frozen embryos out of state, she said they field many calls from patients inquiring about that option.
“Not only can they not get treatment in Alabama, but now they can't get treatment anywhere else. They're trapped,” Dr. McLean said. “That means this decision will have an impact outside the walls of my state.”
Barb Collula, president of fertility advocacy group Resolve, said Cryoport's decision was upsetting but not unexpected.
“It's a surprising turn of events, but I'm not at all surprised when people talk about shipping embryos,” she said. “If I were to run one of those companies, I would do the same thing. It's too risky right now.”
Other companies also ship embryos, but it is unclear whether they have changed their services in Alabama. Reprotech, another major shipper, also did not respond to a request for comment.
