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2025-05-08 Motion To Declare IVF Immunity Statutes Unconstitutional
2025-05-08 Motion To Declare IVF Immunity Statutes Unconstitutional
ELECTRONICALLY FILED
5/8/2024 10:39 AM
02-CV-2024-900527.00
CIRCUIT COURT OF
MOBILE COUNTY, ALABAMA
SHARLA KNOX, CLERK
IN THE CIRCUIT COURT OF MOBILE COUNTY, ALABAMA
parents and next friends of three deceased Brackett embryos, embryo A, embryo B,
and embryo C, respectfully move the Court to declare S. B. No. 159, Acts 2024‐20,
now codified as Ala. Code §§ 6‐5‐810 and 6‐5‐811 (1975) (collectively the in vitro
Mr. and Mrs. Brackett contend this Court has the authority – and the duty –
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fundamental rights, including the right to life, the right to raise and rear children, the
right to equal protection of Alabama law, the right to trial by jury under Art, I, § 11
of the Alabama Constitution, the right to a remedy under Art. I, § 13 of the Alabama
Constitution, and the right to protect Plaintiffs’ claims from retroactive legislation
Association d/b/a Mobile Infirmary Medical Center and the Center for Reproductive
Medicine, P.C., on April 23, 2024, jointly moved pursuant to Ala. R. Civ. P. 12(b)(1)
and (6) to dismiss the Bracketts’ “action in its entirety” through reliance in part upon
hastily conceived in vitro fertilization civil and criminal immunity statutes violate
any theory of law and thus must be declared unconstitutional and null and void and
of no legal effect.
Plaintiffs have today served the Alabama Attorney General with a copy of this
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Respectfully submitted,
CERTIFICATE OF SERVICE
I do hereby certify that I have on this 8th day of May, 2024, filed the foregoing
with the Clerk of the Court using the AlaFile system, which will send notification of
such filing to all counsel of record, as follows:
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Walter W. Bates
Sybil V. Newton
Starnes Davis Florie LLP
100 Brookwood Place, 7th Floor
Birmingham, Alabama 35209
wwb@starneslaw.com
snewton@starneslaw.com