Sens. Ted Cruz (R-Texas) and Katie Britt (R-Ala.) announced legislation on Monday to protect legal access to in vitro fertilization (IVF) treatments nationwide.
The bill, known as the IVF Protection Act, comes after the Alabama Supreme Court ruled in February that embryos created through IVF are considered children under state law, thus providing them protection under the state’s wrongful death laws.
The senators said the bill aims to clear up any “confusion and misinformation” sparked by the Alabama Supreme Court’s decision and ensure IVF is protected by federal law for families who desire to have a child through this method.
“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,” they continued. “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.”
Legal Status of Embryos Sparks Debate
The Alabama Supreme Court’s 7–2 decision has sparked a national debate over the legal status of embryos outside the womb and the potential consequences for reproductive health care services, including IVF.
Critics fear the ruling could lead to more restrictive measures against IVF services, affecting couples who are unable to have children without such treatments. The decision has also raised concerns over the legal liabilities facing IVF clinics and fertility specialists, which could potentially drive up costs and make the service less accessible.
In March, Alabama Gov. Kay Ivey signed a measure protecting IVF patients and providers from liability for the loss of embryos.
Mr. Cruz and Ms. Britt say the bill does not overstep individual states’ right to create and govern IVF health and safety standards, “nor does it compel any individual or organization to provide IVF against its wishes or beliefs.”
They also noted that approximately 2 percent of live births in the United States are the result of IVF, which has helped “tens of thousands of families” fulfill their dreams of having children.
The GOP senators said their legislation would “support and honor” the families who are seeking to become parents through IVF.
“As a mom, I know firsthand that there is no greater blessing than our children, and IVF helps families across our nation experience the joyous miracle of life, grow, and thrive,” Ms. Britt said in a joint press release. “This commonsense piece of legislation affirms both life and liberty—family and freedom, and I look forward to working with my colleagues to enact it into law.”
Mr. Cruz echoed her sentiment in a separate statement.
“IVF has given miraculous hope to millions of Americans, and it has given families across the country the gift of children,” Mr. Cruz said. “I’m proud to partner with Sen. Katie Britt to ensure that couples in Texas and across the country have the opportunity to be loving parents by ensuring that IVF is fully protected at the federal level.”
