Alabama defines what came first.

The Alabama Supreme Court on Friday reversed Mobile County Circuit Court Judge Jill Parrish Phillips’ decision to dismiss a lawsuit in which a couple sued an Alabama fertility clinic and hospital for the “wrongful death” of their frozen embryos in a ruling that was riddled with theology. The couple’s frozen embryos were destroyed after a hospital patient who accessed the freezer that held the embryos dropped them on the floor.
The ruling means that the couple can sue for wrongful death.