Tipsheet

Republican Senators Will Introduce Legislation to Legalize IVF Treatment Nationally

Republican Sens. Ted Cruz (TX) and Katie Britt (AL) will introduce legislation to ensure that access to in vitro fertilization (IVF) is legally protected nationwide, the duo wrote in the Wall Street Journal this week. 

The legislation came about after the Alabama Supreme Court ruled in February that embryos created through IVF should be considered children under law. The case came when parents alleged that an IVF clinic failed to protect their embryos, leading to their destruction as a result. 

After this, “misinformation” about IVF began to spread, the senators noted, with some parents believing that IVF would be outlawed (via WSJ):

To address these concerns, we will introduce a bill on Monday to ensure IVF access is legally protected nationwide. The legislation would require, as a condition of receiving federal Medicaid funding, that states don’t prohibit IVF. While the Alabama Legislature after the court’s decision promptly reiterated that IVF is protected, federal legislation would eliminate any ambiguity that might arise from future state-level judicial interpretations. Our goal is to make sure that any family’s path to bringing a child into the world isn’t compromised by preventable legal confusion.

Our bill doesn’t impede states from setting up health and safety standards to govern IVF, nor does it compel any individual or organization to provide IVF against its wishes or beliefs. It simply ensures that access to IVF is fully protected by federal law, as there is currently no such federal law in place.

In the piece, Cruz and Britt wrote that IVF is “profoundly pro-family” and that it is backed by 86 percent of Americans. 

“This is an opportunity to unite on a shared bipartisan commitment to life, family, and personal liberty by protecting access to IVF treatments in every corner of America,” they wrote.

IVF has been a hot-button issue since the Alabama Supreme Court handed down its decision. And this month,  gay couple filed a class action lawsuit against New York City because the city’s health insurance plan does not cover in vitro fertilization (IVF) for male couples, which Townhall covered.