Senate Democrats Are Trying to Reintroduce IVF Protections

( — Senator Tammy Duckworth (D-IL) is trying once again to get her bill to protect IVF treatment passed in the Senate, this time including it as part of a legislative package that advances the Democrat Party’s “reproductive rights” agenda.

Duckworth attempted to pass her Access to Family Building Act by unanimous consent in February after the Alabama Supreme Court ruled that a couple whose frozen embryos were destroyed in an IVF facility mishap could sue for wrongful death. However, Republican Senator Cindy Hyde-Smith of Louisiana blocked the unanimous consent vote, arguing that Duckworth’s legislation was a “vast overreach.”

This time around, as part of Senate Majority Leader Chuck Schumer’s summer push for “reproductive rights,” Duckworth, along with Senators Cory Booker (D-NJ) and Patty Murray (D-WA), reintroduced the Access to Family Building Act as part of a package that also includes the Access to Infertility Treatment and Care Act, the Veteran Families Health Services Act, and the Family Building FEHB (Federal Employees Health Benefit) Fairness Act.

The package would make access to in vitro fertilization a right by statute while protecting IVF facilities from legal liability. It also includes measures to ensure veterans and active duty military personnel have access to IVF and would require some health insurance companies to cover fertility treatment.

The decision by the Alabama Supreme Court panicked the state’s IVF providers, some of whom paused services in response to the ruling.

The court ruled that embryos were considered children and were protected under Alabama’s constitution, therefore, a couple whose embryos were destroyed could sue the facility for wrongful death.

Alabama quickly passed legislation protecting IVF facilities from civil and criminal liability and the bill was signed the same day by Governor Kay Ivey.

Senate Republicans Katie Britt and Ted Cruz also introduced legislation last month protecting in vitro fertilization called The IVF Protection Act.

The Republican bill would bar states that ban in vitro fertilization from receiving Medicaid funding.

Senator Cruz said in an interview at the time that Republicans opposed Duckworth’s measure because it contained a “back door” for abortion.

Copyright 2024,