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One Republican Senator Just Blocked a Bill to Protect IVF Access. Here's Why.

Leah Barkoukis
Leah Barkoukis  |  February 29, 2024 8:30 AM

Democratic Sens. Patty Murray of Washington and Tammy Duckworth of Illinois on Wednesday reintroduced legislation to codify access to in vitro fertilization following a ruling from Alabama’s supreme court that frozen embryos are children. The decision prompted a number of clinics to halt IVF treatments, since the destruction of unused or nonviable embryos is common practice.

“If you truly care about the sanctity of families, if you’re genuinely, actually, honestly interested in protecting IVF, then you need to show it by not blocking this bill today,” Duckworth said. “It’s that simple.”

But her efforts to get the measure passed by unanimous consent failed when one GOP senator objected. 

“Reserving the right to object,” Sen. Cindy Hyde-Smith (R-MS) said, seeking recognition. “I support the ability for mothers and fathers to have total access to IVF and bringing new life into the world. I also believe human life should be protected. These are not mutually exclusive.”

The senator argued the bill contains numerous “poison pills” that go beyond IVF access. 

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“Let’s be clear about what the Alabama case is about,” she continued. “This was a case brought by families whose human embryos were killed when an unauthorized individual walked into the fertility clinic through an unsecured door, removed several human embryos, and dropped them, causing their deaths.

“The court’s holding in favor of the parents found that these frozen human embryos are children under Alabama law. It did not ban IVF, nor has any state banned IVF. The bill before us today is a vast overreach that is full of poison pills that go way too far. Far beyond ensuring legal access to IVF."

She continued: “It would legalize human cloning. It would legalize commercial surrogacy, including for young girls without parental involvement. It would legalize gene edited designer babies and lift the federal ban on the creation of three parent embryos."