Senate Republicans Introduce IVF Protection Act Bill to Safeguard Fertility Access Nationwide

Sen. Ted Cruz of Texas and Sen. Katie Britt of Alabama have introduced the IVF Protection Act, a new legislation aimed at safeguarding access to in vitro fertilization (IVF) in the United States. The bill comes after a previous Democratic-led effort to protect IVF failed in the upper chamber earlier this year.

The IVF Protection Act seeks to prevent states from receiving Medicaid funding if they enact a complete ban on the fertility procedure. It defines IVF as the collection of eggs from ovaries, manual fertilization by sperm, and the later placement of the fertilized eggs inside a uterus. The bill explicitly states that it would not compel individuals or organizations to provide IVF services. It also does not prohibit states from implementing health and safety measures within clinics that offer such services.

Support for IVF

Sen. Cruz emphasized the importance of IVF, stating that it has provided hope to millions of Americans and has blessed families across the country with children. Meanwhile, Sen. Britt described the procedure as "pro-family" and the legislation as an affirmation of both life and liberty.

The need for legislation to protect IVF arose after an Alabama Supreme Court ruling that deemed frozen embryos as children under the law. This ruling raised concerns about the potential requirement to store embryos indefinitely if they are not transferred into a woman's uterus, as well as the possibility of legal repercussions in the event of an embryo not surviving the process. Consequently, several IVF clinics in Alabama temporarily halted treatments due to fears of legal consequences. Subsequently, Alabama enacted a law to shield IVF providers from potential legal liability.

The legal developments on IVF also prompted efforts at the national level. Democratic Sen. Tammy Duckworth of Illinois had proposed the Access to Family Building Act, which aimed to secure the right to IVF and other fertility treatments for individuals, protect healthcare providers offering such services from prosecution, and enable insurance coverage for these treatments. However, the bill was blocked by Republican Sen. Cindy Hyde-Smith of Mississippi, who argued that it represented a "vast overreach."

Sen. Cruz cited concerns about broader abortion legislation being indirectly introduced through Sen. Duckworth's bill, explaining why it lacked Republican support. Furthermore, polls indicated that a majority of voters believe IVF should remain legal, suggesting potential political liability for Republicans.