In vitro fertilization emerges as a central issue in the Alabama state Supreme Court race

MONTGOMERY, Ala. (AP) — An Alabama fertility lawyer announced her candidacy for the state Supreme Court, emphasizing her personal experience with in vitro fertilization and blasting a controversial 2024 decision that ruled frozen embryos can be considered children under state law.

AshLeigh Dunham on Wednesday announced she will run in the Democratic primary in 2026 for the seat held by Republican Associate Justice Greg Shaw.

Dunham currently works as a court referee in juvenile court in Jefferson County, and also owns a law firm that specializes in helping families navigate “assisted fertilization,” according to her statement. Dunham said her work with fertility law is personal because she left Alabama to use IVF to conceive her daughter.

“Our Supreme Court needs justices who understand the real challenges families face. The court has made some anti-family rulings that are wildly out of touch with the people of Alabama,” said Dunham, referring to the 2024 ruling that said three couples whose frozen embryos were destroyed in an accident at a storage facility could pursue wrongful death lawsuits for their “extrauterine children.”

Incumbent Justice Shaw concurred in the decision and wrote a special opinion. Seven of the nine justices concurred in the result, one gave partial concurrence and one dissented.

The ruling temporarily brought IVF services to an abrupt halt statewide, drawing criticism from politicians on both sides of the aisle. The ruling swiftly prompted legislation in Alabama that shields doctors from potential legal liability.

The Alabama Supreme Court, like other statewide offices, has become dominated by Republicans. The court has been all-Republican for over a decade and has been comprised entirely of white justices since 2001.

Shaw, the incumbent, was first elected to the court in 2008 and reelected in 2014 and 2020.