A landmark ruling from the Supreme Court of Alabama in early 2024 sent shockwaves through the global IVF community, with significant implications for how frozen embryos are treated under law. The court determined that frozen embryos are legally equivalent to living children, a decision that prompted several IVF clinics in Alabama to suspend services, leaving patients without access to treatment.
Genea Fertility Melbourne City Medical Director and Clinical Associate Professor at the University of Melbourne, A/Prof Alex Polyakov, offered expert commentary on the ruling and its potential implications for IVF practice.
To understand why this ruling is so significant, it helps to understand how IVF works. A stimulated cycle produces multiple eggs, which are fertilised and grown into embryos over five days. Not all embryos reach a transferable quality, and those that do not are routinely discarded as part of standard clinical practice. Good quality embryos not used immediately are frozen for future transfer cycles, which are safer, less invasive, and significantly less costly than repeated stimulated cycles.
The ability to freeze embryos is therefore central to making IVF effective, accessible, and safe. Creating multiple embryos in a single cycle increases the overall chance of achieving a healthy pregnancy without exposing patients to unnecessary risk or cost.
A/Prof Polyakov also addressed a mischaracterisation in the Alabama judgment, which incorrectly claimed Australian practice limits embryo creation to one at a time. This is not the case. Australian guidelines discourage the transfer of multiple embryos simultaneously to reduce the risk of multiple pregnancies, but the creation and freezing of multiple embryos is standard, accepted, and encouraged practice.
Australia's strong IVF outcomes are in large part a result of widespread frozen embryo transfer cycles, an approach that continues to serve patients well.
A/Prof Alex Polyakov
Associate Professor Alex Polyakov is an Obstetrician, Gynaecologist and Fertility specialist practicing in East Melbourne. A/Prof Polyakov is unique among fertility specialists by offering a holistic approach that encompasses surgical, fertility, and obstetric care. This means Alex is highly trained to perform surgical interventions for gynaecological conditions such as fibroids, endometriosis, and intrauterine polyps/adhesions.
