Democrats Call for Republican Support on Bill Protecting IVF Nationwide

Sen. Tammy Duckworth (D-Ill.) during a hearing on Capitol Hill in Washington on May 6, 2020. Greg Nash/Pool/Reuters

Senate Democrats sought unanimous consent from Republicans on legislation that would protect access to in vitro fertilization (IVF).

The measure, which came before the Senate on Feb. 28, follows widespread outrage over a Feb. 16 Alabama Supreme Court ruling that found embryos are legally considered children under state law and protected by unlawful death statutes.

Sen. Cindy Hyde-Smith (R-Miss.) objected to the legislation, blocking the resolution, from the floor of the Senate when it was brought forward by Sen. Tammy Duckworth (D-Ill.) just after 5 p.m. on Feb. 28.

The legislation is sponsored by Ms. Duckworth and a number of her Democratic colleagues. They are asking that Senate Republicans support the Access to Family Building Act, which the lawmaker introduced last month.

The bill would “establish a federal right to access IVF and other [assisted reproductive technology] services for all Americans who need it, pre-empting state efforts to limit access and helping ensure no hopeful parent—or their doctors—are punished for trying to start or grow a family,” according to a Feb. 27 statement from the senator’s office.

Ms. Duckworth delivered remarks from Capitol Hill about the legislation, saying that the Alabama ruling is “based on extreme ideology rather than medical science.”

“The very people who claim to be ‘defending family values’ are actively trying to enact policies that would actually prevent Americans from creating families,” the Illinois Democrat said.

“After Roe v. Wade was overturned—actually, even before then, when Donald Trump promised to only appoint justices who would overturn it—I warned that red states would come for IVF.

“Now they have. But they aren’t going to stop in Alabama. Mark my words: If we don’t act now, it will only get worse.”

The lawmaker also pointed to former President Donald Trump, saying that “in this nightmarish moment, it’s nowhere near enough to send out a vaguely worded tweet suggesting that you care about women’s rights, despite a voting record to the contrary.”

Republican congressional leadership didn’t respond by press time to a request by The Epoch Times for comment.

The legislation would preserve the “statutory right” of individuals to act “without prohibition or unreasonable limitation, or interference” regarding access to reproductive technology and treatment.

Possibly the more contentious issue that could overrule the Alabama ruling is language that says individuals “retain all rights regarding the use or disposition of reproductive genetic materials,” something that is a common practice in the process of IVF.

Additional Reactions

“It’s almost unbelievable watching Republicans scramble over the weekend to suddenly say they support IVF while many of these same Republicans are literally, right now, cosponsors of legislation that would enshrine fetal personhood,” Sen. Patty Murray (D-Wash.), a co-sponsor of the measure, said in the statement.

On Feb. 23, in a Truth Social Post, President Trump voiced opposition to the decision and urged the Alabama state legislature to protect IVF treatments in the wake of the Alabama judgment.

The 45th president stated in a post on Truth Social that he “strongly” supports the availability of IVF for couples “who are trying to have a precious baby.”

“Under my leadership, the Republican Party will always support the creation of strong, thriving, healthy American families,” President Trump said in the social media post.

“We want to make it easier for mothers and fathers to have babies, not harder! That includes supporting the availability of fertility treatments like IVF in every State in America. Like the OVERWHELMING MAJORITY of Americans, including the VAST MAJORITY of Republicans, Conservatives, Christians, and Pro-Life Americans, I strongly support the availability of IVF for couples who are trying to have a precious baby.”

The former president and current Republican front-runner then called on the Alabama legislature to “act quickly” to find a solution to “preserve the availability of IVF in Alabama.”

“The Republican Party should always be on the side of the Miracle of Life—and the side of Mothers, Fathers, and their Beautiful Babies,” President Trump said. “IVF is an important part of that, and our Great Republican Party will always be with you, in your quest, for the ULTIMATE JOY IN LIFE!”

The Alabama Ruling

The Alabama Supreme Court ruled that human embryos preserved in an extrauterine environment are considered children under state regulations and are therefore protected by unlawful death statutes.

The court ruled as part of a litigation in which the plaintiffs pursued compensation for embryos stored at a defunct cryogenic facility.

The Alabama Supreme Court stipulated that the primary issue in the case was whether the Wrongful Death of a Minor Act does not apply to unborn children who are outside of a biological uterus at the time of their death.

“The answer to that question is no: the Wrongful Death of a Minor Act applies to all unborn children, regardless of their location,” the court decided in a 7–2 ruling.

“Neither the text of the Wrongful Death of a Minor Act nor this Court’s precedents exclude extrauterine children from the Act’s coverage. Unborn children are ‘children’ under the Act, without exception based on developmental stage, physical location, or any other ancillary characteristics.”

A Feb. 28 vote is expected on Ms. Duckworth’s legislation. The measure has support from other noteworthy Democrats, including Senate Majority Leader Chuck Schumer (D-N.Y.) and Sens. Tammy Baldwin (D-Wis.) and Amy Klobuchar (D-Minn.).

“The American people know who is responsible, and Republicans aren’t fooling anyone by trying to run away from their record,” Mr. Schumer said in support of the bill.

“Republicans own the disasters of Roe v. Wade, and Democrats are absolutely committed to doing everything we can to protect women, families, and reproductive freedom.”