Republican Sens. Katie Britt of Alabama and Ted Cruz of Texas are introducing a bill that seeks to protect access to in-vitro fertilization on the federal level, taking action on an issue that Democrats have sought to tie to what they consider a broad threat to reproductive freedom since the overturning of Roe v. Wade. 

What You Need To Know

  • Republican Sens. Katie Britt of Alabama and Ted Cruz of Texas are introducing a bill that seeks to protect access to in-vitro fertilization on the federal level
  • The legislation, called the IVF Protection Act, would prohibit states that ban access to IVF from receiving federal Medicaid funding
  • The accessibility to IVF was put under a spotlight earlier this year when the Alabama Supreme Court ruled that a state law giving parents the ability to sue over the death of a child “applies to all unborn children, regardless of their location," which, according to the court, included embryos
  • The issue also became the latest front in Democrats’ efforts to hone in on reproductive health care following the overturning of Roe. v. Wade in 2022

The legislation, called the IVF Protection Act and set to be introduced on Monday, would prohibit states that ban access to IVF from receiving federal Medicaid funding. Medicaid, a joint federal and state program, helps cover the medical needs of low-income Americans. 

In a press release, the senators noted the bill still allows states discretion in setting “health and safety standards” around the practice. 

“Families across the U.S. are understandably worried that in vitro fertilization is under threat,” Cruz and Britt wrote in a Wall Street Journal op-ed. “As Republican senators from Texas and Alabama, we’re united on many issues, including the need to protect both life and access to IVF treatments, which many families rely on to have children.”

The accessibility to IVF was put under a spotlight earlier this year when the Alabama Supreme Court ruled that a state law giving parents the ability to sue over the death of a child “applies to all unborn children, regardless of their location.” That, according to the court, included embryos. 

“Unborn children are ‘children,’” one justice wrote in the unanimous ruling. 

Experts warned the decision could have major implications for IVF, and concerns grew after hospitals in Alabama announced they were halting the practice due to legal questions in the wake of the ruling. 

The issue also became the latest front in Democrats’ efforts to hone in on reproductive health care following the overturning of Roe. v. Wade in 2022, which returned the issue of regulating abortions to individual states and set off a wave of bans and restrictions on the practice. 

Democrats have credited their focus on and defense of abortion for helping the party have strong showings in the 2022 midterms and 2023 off-year elections. It's an issue the party has also made clear it is counting on to continue galvanizing voters ahead of Nov. 2024, as polls show the unpopularity of the reversal of Roe. 

Following the Republican-dominated Alabama Supreme Court ruling, a number of Republicans rushed to make clear they support access to IVF as Democrats sought to tie the GOP to concerns over its accessibility. 

President Joe Biden’s White House denounced House Republicans in the wake of the decision and the GOP’s consequent dash to support the practice for “shamelessly attempting to erase their own records on IVF.”

Alabama's legislature has since passed a bill seeking to protect access to the treatments by shielding doctors from legal liability. Alabama Gov. Kay Ivey signed the bill in March.  

Appearing on Fox News on Monday to talk about the new federal legislation, Britt said Democrats were “fear mongering” over the issue. 

“The left is fear mongering, saying that we are not going to protect IVF,” Britt said. “IVF is protected and Senator Cruz and I are going to make sure it continues to be protected.” 

Both Britt and Cruz on Fox on Monday argued the bill should receive bipartisan support in the upper chamber. 

“Every senator says they support IVF, this should be an example where – look, there are issues we are going to disagree on – but we should be able to come together 100 to nothing to say we stand with the ability of parents who want to love their kids to bring those children into the world,” Cruz said. 

Democratic Sen. Tammy Duckworth of Illinois introduced legislation following the Alabama court’s ruling that would establish a federal right to IVF. It was blocked by Republican Sen. Cindy Hyde-Smith of Mississippi.