Statement Of Colleen Connell, American Civil Liberties Union, Illinois, Re: Appellate Court Decision In Miller V. American Fertility Services

Main Category: Fertility
Also Included In: Medical Malpractice / Litigation
Article Date: 15 Sep 2008 - 1:00 PDT

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Noting that an unimplanted, fertilized egg is not a "human being" for purposes of a wrongful death action, the Illinois Appellate Court reversed a 2005 decision by a Cook County Judge. This is good news for women and families across Illinois. The errant ruling - if left to stand - might have unnecessarily limited the ability of women of Illinois to access contraceptive services and pre-implanted genetic testing; moreover, the decision might have curbed the ability of couples in our state to use reproductive technologies such as in vitro fertilization in starting a family.

The Appellate Court properly noted that the Illinois law cited by the Cook County Judge was never intended to grant rights to an unimplanted, fertilized egg. In an amicus curiae brief filed by the American Civil Liberties Union of Illinois, we also noted that the decision relied on antiquated, scientifically-invalid Illinois abortion laws that long ago were blocked from enforcement by federal courts. The Appellate Court today acted swiftly and directly to reverse this lower court's error.

Many anti-abortion extremists hailed the lower court's decision in 2005 as an important step in their concerted campaign to block access to reproductive health care and contraceptive services in our state. We are pleased that the Appellate Court has blocked this effort and protected reproductive health care in Illinois.

American Civil Liberties Union of Illinois