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Fertility Experts Say Ted Cruz and Katie Britt’s Bill to Protect IVF Isn’t Helpful

Published by Jezebel. Read the full article

The bill claims on its face that it would protect IVF by stripping states that try to ban it of Medicaid funding. But the president of a top fertility advocacy group says it leaves the door wide open for states to regulate fertility technology in a way that could shut down access.

In February, the Alabama Supreme Court determined that embryos are “extrauterine children” and their destruction—even by fertility clinics—could warrant wrongful death lawsuits. In the immediate aftermath, fertility clinics across the state paused IVF services, until the state quickly passed legislation to protect IVF. Still, the impact of court rulings and laws—including abortion bans—that recognize fetuses and embryos as people with legal rights has remained a point of simmering tension across the country, especially among anti-abortion lawmakers desperate to prove their support for abortion bans isn’t extreme.

This week, Republican senators Ted Cruz (TX) and Katie Britt (AL) introduced a bill to ostensibly protect IVF by threatening to strip states that ban the fertility technology of their Medicaid funding. The duo’s IVF Protection Act comes as the GOP continues to navigate a growing internal divide on the issue, as some Republican lawmakers have affirmed the Alabama ruling while others have tried to disassociate themselves from it. In an op-ed for the Wall Street Journal, Britt and Cruz said their bill is “pro-family” and that it “affirms both life and liberty.”

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