The rush to protect IVF comes amid Democrats’ plan to highlight reproductive issues ahead of November’s election.
Three Senate Democrats introduced a package of bills meant to protect access to in vitro fertilization (IVF) on June 3, kicking off the party’s pre-election push to put reproductive issues front and center.
The Right to IVF Act comprises four bills previously introduced by Sens. Tammy Duckworth (D-Ill.), Patty Murray (D-Wash.) and Cory Booker (D-N.J.). Those bills include Ms. Duckworth’s Access to Family Building Act, Ms. Murray’s Veteran Families Health Services Act, Mr. Booker’s Access to Infertility Treatment and Care Act, and Ms. Duckworth’s Family Building FEHB (Federal Employees Health Benefits) Fairness Act.
Ms. Duckworth, who conceived her two daughters through IVF, said the package would make such treatments more affordable and accessible for other families dealing with infertility.
“In the nearly two years since the Supreme Court threw out Roe v. Wade, our nation has seen the horrific consequences of Republicans’ anti-science, anti-woman crusade that has put IVF at risk for millions of Americans who rely on it to start or grow their family,” she said in a statement.
“Struggling with infertility is painful enough—every American deserves the right to access the treatment and tools they need to build the family of their dreams without the fear of being prosecuted for murder or manslaughter.”
The legislation would establish a statutory right to access and provide IVF treatments, ensure they are covered by private and federal health plans, and require the Departments of Defense and Veterans Affairs to provide IVF and other fertility services to military members and veterans.
Alabama Ruling Sparks National Debate
The move to protect IVF access follows the Alabama Supreme Court’s Feb. 16 ruling that human embryos stored outside of a woman’s uterus are children under state law.
The decision came in response to a wrongful death lawsuit in which the plaintiffs claimed damages for embryos stored at a cryogenic facility that was destroyed.
While praised by pro-life advocates, the decision sparked a national uproar as multiple IVF providers in Alabama suspended their services for fear of litigation.
Alabama lawmakers passed a bill weeks later to shield IVF doctors and clinics from lawsuits over damaged or destroyed embryos. Some clinics were satisfied enough to resume providing IVF services.
But Mobile Infirmary, the hospital sued in the controversial case, announced in April that it would cease to offer the treatments after 2024.
Nationally, the case has prompted a wider debate over what rights human embryos should have, if any. For Democrats still hurting over the Supreme Court’s 2022 reversal of Roe v. Wade, the ruling represents another Republican attack on women’s reproductive rights.
“IVF is just the latest example of Republicans vilifying something that has been an invaluable aide to countless American families and is widely supported by the American people,” Senate Majority Leader Chuck Schumer (D-N.Y.) said. “We must enshrine the right to these vital services and work to make sure that they are accessible for those who are experiencing infertility.”
Congressional Republicans, however, have widely expressed support for IVF, including Sens. Katie Britt (R-Ala.) and Ted Cruz (R-Texas), who have introduced their own proposal that would withhold Medicaid funds from any state that would ban the treatments outright.
“IVF is pro-family, and I’m proud to strongly support continued nationwide access to this pathway to parenthood for the millions of American couples facing infertility,” Ms. Britt said in introducing the bill last month.
Still, other Republicans have opposed expanding access to IVF.
Members of the staunchly conservative House Freedom Caucus wrote to the Department of Veterans Affairs in March to object to the department’s plans to expand IVF services to unmarried veterans and those in same-sex relationships.
“IVF is morally dubious and should not be subsidized by the American taxpayer,” the congressmen wrote, noting that surplus embryos created during the process are often abandoned or “cruelly discarded.”
Democrats have indicated that IVF, abortion, and other reproductive issues will play a key role in their 2024 election strategy. With the two-year anniversary of Roe v. Wade’s reversal coming up later this month, Mr. Schumer has said he will aim to highlight those issues in particular over the coming weeks.
Naveen Athrappully and The Associated Press contributed to this report.
