Nina Dixon

On the Alabama IVF Ruling

On the 19th February 2024, the Alabama Supreme Court ruled that embryos created through IVF are “children”, and should be legally recognised as such. This issue was brought by three couples suing their IVF providers due to the destruction of their children while being cryogenically stored under an existing Death of a Minor statue in the state. This statute explicitly covered foetuses (presumably to allow for compensation to be sought by women who has suffered miscarriages or stillbirths which could have been prevented), but there was some ambiguity over whether IVF embryos were covered prior to the ruling that it applies to “all unborn children, regardless of their location”. It has since been revealed that the person responsible was a patient at the clinic in question, so while mainstream outlets have stated that the damage was ‘accidental’, I find this rather implausible given the security in place for accessing cryogenic freezers. It is the author’s own suspicion that the person responsible was in fact an activist foreseeing the consequences of successful Wrongful Death of a Minor lawsuit against the clinic for the desecration of unborn children outside the womb.

The ruling does not explicitly ban or even restrict IVF treatments; it merely states that the products thereof must be legally recognised as human beings. However, this view is incompatible with multiple stages of the IVF process, and this is what makes this step in the right direction a potentially significant victory. For those who may be (blissfully) unaware, the IVF process goes something like this. A woman is hormonally stimulated to release multiple eggs in a cycle rather than the usual one or two. These are then exacted and then fertilised with sperm in a lab. There is nothing explicitly contrary to the view that life begins at conception in these first two steps. However, as Elisabeth Smith (Director of State Policy at the Centre for Reproductive Rights) explains, not all of the embryos created can be used. Some are tossed due to genetic abnormalities, and even of those that remain usually no more than three are implanted into the womb at any given time, but they can be cryogenically stored for up to a decade and implanted at a later date or into someone else.

In this knowledge, three major problems for the IVF industry in Alabama become apparent. The first is that they will not be able to toss those which they deem to be unsuitable for implantation due to genetic abnormalities. This would massively increase the cost to IVF patients as they would have to store all the children created for an unspecified length of time. This is assuming that storing children in freezers is deemed to be acceptable at all, which is not a given as any reasonable person would say that freezing children at later stages of development was incredibly abusive. The second problem is that even if it is permitted to continue creating children outside of the womb and storing them for future implantation (perhaps by only permitting storage for a week or less), it would only be possible to create the number of children that the woman is willing to have implanted. This would further increase costs as if the first attempt at implantation fails, the patient would have to go back to the drawing board and have more eggs extracted, rather than trying again from a larger supply already in the freezer. The third problem is that, particularly if the number of stored children increases dramatically, liability insurance would have to cover any loss, destruction, or damage to said children, which would make it a totally unviable business for all but the wealthiest.

The connection between this ruling and the abortion debate has been made explicitly by both sides. Given that it already has a total ban on abortion, Alabama seems a likely state to take further steps to protect the unborn, which may spread to other Republican states if they are deemed successful. The states that currently also impose a total ban on abortion either at any time after conception or after 6 weeks gestation (where it is only possible to know of a pregnancy for 2 weeks) are Arkansas, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Dakota, Tennessee, Texas, North Carolina, Arizona, and Utah. There are other states with an exception only for rape and incest, with some requiring that this be reported to law enforcement.

However, despite the fact that the ruling was made by Republicans appointed to their posts at the time of Donald Trump’s presidency, he has publicly criticised this decision saying that “we should be making it easier for people to have strong families, not harder”. Nikki Haley appeared initially to support the ban, but later backtracked on this commitment. In a surprisingly intellectually honest move, The Guardian made an explicit link between the medical hysteria on this topic and the prevalence of female doctors among IVF patients. Glenza (2024) wrote:

“Fertility is of special concern to female physicians. Residents typically finish training at 31.6 years of age, which are prime reproductive years. Female physicians suffer infertility at twice the rate of the general population, because demanding careers push many to delay starting a family.”

While dry and factual, this statement admits consciously that ‘infertility’ is (or at least can be) caused by lifestyle choices and priorities (i.e. prioritising one’s career over using ideal reproductive years in the 20’s and early 30’s to marry and have children), rather than genes or bad luck, and is therefore largely preventable by women making different choices.

I sincerely hope that, despite criticism of the ruling by (disproportionately female) doctors which a vested interest, the rule of law stands firm and that an honest interpretation of this ruling is manifested in reality. This would mean that for reasons stated above it will become unviable to run a profitable IVF business, and that while wealthy couples may travel out of state, a majority of those currently seeking IVF will instead adopt children, and/or face the consequences of their life decisions. Furthermore, I hope that young women on the fence about accepting a likely future proposal, pulling the goalie, or aborting a current pregnancy to focus on her career consider the long-term consequences of waiting too long to have children.


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The Reality of Degree Regret 

It is now graduation season, when approximately 800,000 (mostly) young people up and down the country decide for once in their lives that it is worth dressing smartly and donning a cap and gown so that they can walk across a stage at their university, have their hands clasped by a ceremonial ‘academic’, and take photos with their parents. Graduation looked a little different for me as a married woman who still lives in my university city, but the concept remains the same. Graduates are encouraged to celebrate the start of their working lives by continuing in the exact same way that they have lived for the prior 21 years: by drinking, partying, and ‘doing what you love’ rather than taking responsibility for continuing your family and country’s legacy. 

However, something I have noticed this year which contrasts from previous years is that graduates are starting to be a lot more honest about the reality of degree regret. For now, this sentiment is largely contained in semi-sarcastic social media posts and anonymous surveys, but I consider it a victory that the cult of education is slowly but surely starting to be criticised. CNBC found that in the US (where just over 50% of working age people have a degree), a shocking 44% of job-seekers regret their degrees. Unsurprisingly, journalism, sociology, and liberal arts are the most regretted degrees (and lead to the lowest-paying jobs). A majority of jobseekers with degrees in these subjects said that if they could go back, they would study a different subject such as computer science or business. Even in the least regretted majors (computer science and engineering), only around 70% said that they would do the same degree if they could start again. Given that CNBC is hardly a network known to challenge prevailing narratives, we can assume that in reality the numbers are probably slightly higher.

A 2020 article detailed how Sixth Form and College students feel pressured to go to university, and 65% of graduates regret it. 47% said that they were not aware of the option of pursuing a degree apprenticeship, which demonstrates a staggering lack of information. Given how seriously educational institutions supposedly take their duty to prepare young people for their future, this appears to be a significant failure. Parental pressure is also a significant factor, as 20% said that they did not believe their parents would have been supportive had they chosen an alternative such as a degree apprenticeship, apprenticeship, or work. This is understandable given the fact that for our parent’s generation, a degree truly was a mark of prestige and a ticket to the middle class, but due to credential inflation this is no longer the case. They were wrong, but only on the matter of scale, as a survey of parents found that as many as 40% had a negative attitude towards alternative paths. 

Reading this, you may think that I am totally against the idea of a university being a place to learn gloriously useless subjects for the sake of advancing knowledge that may in some very unlikely situations become useful to mankind. Universities should be a place to conceptualise new ways the world could be, and a place where the best minds from around the world gather to genuinely push the frontiers of knowledge forward. What I object to is the idea that universities be a 3-year holiday from the real world and responsibilities towards family and community, a place to ‘find oneself’ rather than finding meaning in the outer world, a dating club, or a tool for social mobility. I do not object to taxpayer funding for research if it passes a meaningful evaluation of value for money and is not automatically covered under the cultish idea that any investment in education is inherently good.

In order to avoid the epidemic of degree regret that we are currently facing, we need to hugely reduce the numbers of students admitted for courses which are oft regretted. This is not with the aim of killing off said subjects, but enhancing the education available to those remaining as they will be surrounded by peers who genuinely share their interest and able to derive more benefit from more advanced teaching and smaller classes. Additionally, we need to stop filling the gaps in our technical workforce with immigration and increase the number of academic and vocational training placements in fields such as computer science and engineering. With regards to the negative attitudes, I described above, these will largely be fixed as the millennial generation filled with degree regret comes to occupy senior positions and reduces the stigma of not being a graduate within the workplace. By being honest about the nature of tomorrow’s job market, we can stop children from growing up thinking that walking across the stage in a gown guarantees you a lifetime of prosperity.

On a rare personal note, having my hands clasped in congratulations for having wasted three years of my life did not feel like an achievement. It felt like an embarrassment to have to admit that 4 years ago when I filled out UCAS applications to study politics; I was taken for a fool. I have not had my pre-existing biases challenged and my understanding of the world around me transformed by my degree as promised. As an 18-year-old going into university, I knew that my criticisms of the world around me were ‘wrong’, and I was hoping that and education/indoctrination would ‘fix’ me. Obviously given the fact that 3 years later I am writing for the Mallard this is not the case, and all I have realised from my time here is that there are others out there, and my thoughts never needed to be fixed.


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