NORFOLK, Va. — Elizabeth Carr, the first baby born via in vitro fertilization in the U.S. at Eastern Virginia Medical School in Norfolk, is speaking out against a controversial Alabama Supreme Court ruling.
That ruling allows three couples to pursue wrongful death lawsuits for frozen embryos destroyed in an accident at a storage facility, calling the embryos children. Some critics say it could have sweeping implications for the procedure.
The groundbreaking procedure made history in Norfolk 42 years ago when Carr came into the world through IVF, on December 28, 1981.
Since then, millions of people have had children of their own through the procedure.
"The wonderful thing about watching IVF evolve over the years is really, people now have less fear around talking about these reproductive technologies that are so needed," Carr said. "Because IVF has become so much more commonplace, it’s a lot easier for people to talk about infertility."
IVF uses sperm to fertilize an egg outside of a woman’s uterus before later being implanted. The procedure allows people struggling with infertility, same-sex couples, and those with genetic problems to have children.
Now, as the conversation surrounding the procedure has gotten louder, so have critics.
"Since I was born, there have always been the naysayers and people who, you know, essentially thought that I should not be here," Carr said. "There are 12 million IVF babies walking the earth and so to say that whole population should not be here, is incredibly hurtful."
The conversation reached a boiling point when the Alabama Supreme Court ruled embryos used in IVF are considered children. It's a decision that caused roughly half of the state’s clinics to pause treatment for fear they could face wrongful death lawsuits for discarding unused embryos, a routine part of IVF.
The embryos have previously been considered property by the courts.
"When the ruling came down, I was really disappointed, obviously, and saddened and angry. The main thing that I really took away from that, was that the people who made the ruling did not understand the process of IVF," Carr said. "It is not a magic bullet. One embryo does not equal one baby."
Since that Alabama Supreme Court ruling, Alabama state lawmakers have pushed legislation forward that would provide civil and criminal immunity "for death or damage" to an embryo as part of IVF services.
In response, U.S. Senator Tim Kaine, a Democrat, cosponsored the Access to Family Building Act that lays out protections for the procedure nationally. The legislation aims to protect Americans’ right to access IVF and other assisted reproductive technology services.
“The Supreme Court’s decision to overturn Roe v. Wade has opened the floodgates for draconian restrictions on reproductive freedom. Americans deserve the freedom to decide whether, when, and how to start or build their families—without interference by the government. This legislation would help us codify that right by safeguarding access to IVF, and unfortunately, its passage is more important than ever," Sen. Kaine said in a statement.
It's legislation Carr said she would love to see.
"But on the other hand, I think it’s incredibly disappointing that that is where we are, that we even have to have a bill that is drafted to protect such a thing."
On X, formerly known as Twitter, Congresswoman Jen Kiggans (R, VA-02) shared her support for IVF shortly after the Alabama ruling.
"I am a healthcare provider and a mother. I support access to IVF, which has been the answer for people who choose to start a family using that method. I oppose IVF restrictions that would prohibit the ability for Americans to have this opportunity for parenthood," she said on X.
Carr said she doesn't understand opposition to the procedure.
"I think the people who say that, you know, IVF shouldn’t be allowed, or is this playing God, I think they really don’t understand, not only the technology, but also the many applications that IVF now has," she said. "To say that you should not be allowed to build your family using a certain technology, I think is very shortsighted."
An anti-abortion group applauded the Alabama Supreme Court's decision.
“Each person, from the tiniest embryo to an elder nearing the end of his life, has incalculable value that deserves and is guaranteed legal protection,” Lila Rose, president and founder of Live Action said in a statement.
Chief Justice Tom Parker, a Republican, issued a concurring opinion where he quoted the Bible while discussing the meaning of the phrase “the sanctity of unborn life” in the Alabama Constitution.
“Even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory,” said Parker.
This conversation isn't just happening in Alabama; Florida legislators are also taking up the issue of IVF.
A bill to allow people to file wrongful death lawsuits over the death of a fetus has been shelved after the fallout from the Alabama decision. Republican Senator Erin Grall halted her bill after opponents cited the Alabama ruling might raise questions about whether the legislation could be used to grant personhood to embryos.
At least 16 states have proposed personhood bills that could impact access to IVF treatments, according to the Guttmacher Institute, a research group that studies reproductive health rights.
"I think for the people who are against IVF, I would just remind them that I was incredibly wanted. Most people who go through these treatments desperately want to build the family of their dreams. And so, these are children who are wanted and loved from the very start," said Carr.
Carr isn't trying to hide from her story. From the beginning, her family has been incredibly open about their experience, even letting a PBS documentary team record the whole thing. 13News Now caught up with Carr just before she turned 16 and again when she reunited with the doctors responsible for her birth.
"I think back to, if my parents had never had an OBGYN who was well educated enough to even talk to them about this option, they would not have known about it."
Carr is using her unique position to educate people on the procedure and remind couples going through it, they are not alone.
"It might be scary to speak up and share your story, but that is the only way things are going to change is if we get loud and we share our stories and we talk about the things that many people are afraid to talk about," she said. "The number one thing to remember is that you’re not alone, there are so many of us out there who were born via this technology, or using this technology, or know someone who has used this technology. I mean, 1 in 6 people experience infertility—that is not a small number."
She said that even before the legalities were called into question with this ruling, she was already fighting for accessibility. It's something she will continue to fight for.
"We still have a long way to go in this country. There are many many states in which, you know, costs associated with IVF are completely out of pocket and there is not an insurance mandate kind of ensuring that IVF will be covered by insurance. So it is still not accessible as those of us who’ve grown up with a front-row seat to it would like it to be," Carr said.