Republicans block bill to protect access to IVF

by Nathaniel Weixel - 02/28/24 5:05 PM ET

Senate Republicans blocked an effort Wednesday to pass legislation that would federally protect access to in vitro fertilization (IVF).

Sen. Tammy Duckworth (D-Ill.) sought to pass the bill by unanimous consent, which meant that any one senator could object and scuttle the effort.

Sen. Cindy Hyde-Smith (R-Miss.) objected, saying the legislation is an overreach full of “poison pills” that would go far beyond ensuring access to IVF.

“It would legalize human cloning. It would legalize commercial surrogacy, including for young girls without parental involvement. It would legalize gene edited designer babies and lift the federal ban on the creation of three parent embryos,” she said.

Duckworth said Hyde-Smith was misinterpreting the bill.

“It does not force anyone to see reproductive technology. It does not force anyone to offer it. It does not force anyone to cover it. It simply says you have a statutory right should you choose to pursue assisted reproductive technology,” Duckworth said.

Sen. Tammy Duckworth, D-Ill., center, speaks about a bill to establish federal protections for IVF as, from left, Sen. Tammy Baldwin, D-Wis., Sen. Amy Klobuchar, D-Minn., Senate Majority Leader Chuck Schumer of N.Y., and Sen. Patty Murray, D-Wash., listen during a press event on Capitol Hill, Tuesday, Feb. 27, 2024, in Washington. (AP Photo/Mark Schiefelbein)

Republican senators said this week they support access to IVF, but they don’t want to interfere in a state issue and don’t feel there needs to be federal protections for IVF.

“In this nightmarish moment, it’s nowhere near enough to send out a vaguely worded tweet claiming you care about women’s rights, despite your voting record to the contrary,” Duckworth said on the Senate floor.

The lack of a formal roll call vote could give cover to Republicans, who have been publicly declaring their support for IVF in the wake of the Alabama Supreme Court’s ruling declaring frozen embryos are children. As a result, several clinics in Alabama halted IVF treatments, which can involve discarding nonviable or excess embryos as part of standard practice.