In February 2024, the Alabama Supreme Court ruling that an embryo could be considered a person set off a chain of events that upended the world of in vitro fertilization, causing clinics across the state to shut down as the ramifications of unused embryos became much trickier.

For couples involved in IVF, it was a massive blow to their plans, and for organizations that support these couples.

On March 24, the Jewish Fertility Foundation and National Council of Jewish Women announced that Nikki and Ilya Mirov, recipients of an emergency JFF fertility grant, have welcomed a baby girl, Fia. This was facilitated by JFF and NCJW, who provided critical funding when Birmingham clinics shut down in the wake of the ruling, forcing the Mirovs to seek treatment out of state.

“When everything felt uncertain, JFF stepped in to ensure we could continue our journey to parenthood,” said Nikki Mirov. “Positive stories are so needed when you start to lose hope in the process, and we’re grateful to share our joy with the community.”

A month later, JFF clients Lisa and Jay Humphries, who faced a similar situation, welcomed Evelyn Lucia, born on April 18.

“We are so grateful to finally meet her and are in love with her,” the Humphries said. “We are so thankful to JFF for helping us and supporting us throughout this entire journey.”

Last year, both families were among the many devastated by the court ruling. With time-sensitive treatments on the line, JFF provided emergency funding, made possible by NCJW’s Jewish Fund for Abortion Access, to cover their travel expenses so they could continue care at one of JFF’s partner clinics in Atlanta. This support ensured that their dream of building a family remained possible despite the challenges they faced.

The births are “a testament to the resilience of hopeful parents and the power of community support,” said Elana Frank, JFF CEO and founder. “At JFF, we believe that everyone deserves a chance to build their family, no matter the barriers they face. This moment is a powerful reminder of why our work matters — not just in times of crisis, but every day.”

JFF-Birmingham is a program of Collat Jewish Family Services. JFF was founded in Atlanta in 2015 as a non-profit organization that provides financial assistance, emotional support and educational programs for people experiencing infertility, and awareness programs for the general community.

The agreement with CJFS was the first partnership outside of Atlanta, with a goal of expanding these services nationally. The agency now has 10 communities in the network.

Sheila Katz, CEO of NCJW, said after Fia Mirov was born: “No one should have to navigate legal loopholes or cross state lines just to access basic medical care—but that’s the heartbreaking reality for too many families. Fertility care is a deeply personal and often emotional journey, and it should be met with dignity, not political interference.”

She added that NCJW was “honored to partner with the Jewish Fertility Foundation to help this family — and many others — move their treatment to a new state and continue their IVF process without interruption when the state made it impossible to access care at home. At NCJW, we remain fiercely committed to protecting everyone’s right to make their own reproductive health decisions — free from fear, shame, or unnecessary barriers.”

Court ruling and the aftermath

The 2024 ruling stemmed from a wrongful death of a minor lawsuit filed against a Mobile fertility clinic. Three couples who had undergone treatment at the clinic and had successful pregnancies filed suit over a December 2020 incident. As is typical, the couples had extra embryos in frozen storage at the clinic in case they wanted to pursue another pregnancy.

A patient entered the preservation room and opened one of the units, grabbing some embryos. Because the embryos were deep-frozen, the patient was freezer-burned and dropped the embryos, destroying them.

While the trial court said a claim could not be made under the Wrongful Death of a Minor Act, the Supreme Court overturned that opinion on appeal.

The ruling that a frozen embryo could be considered a person under law has the implications that discarding or destroying an embryo could be considered murder.

After the ruling, Julie Cohen, who heads the Birmingham office of JFF, called it a “nightmare.”

“Before the clinics closed, I had a client reach out about what to do if they closed; I never thought clinics closing would become a reality,” she said. “As soon as they started announcing closings, I immediately began receiving texts from clients about whether they could travel for treatment. I am thankful JFF has the partnership clinics in Atlanta, so we were able to help them get appointments quickly.”

Facing public backlash, the Alabama Legislature passed a bill shielding IVF providers, but questions persist over the legal status of embryos.