Should Congress mandate that states not prohibit IVF services under Medicaid?
The "IVF Protection Act," seeks to amend Title XIX of the Social Security Act to require states receiving federal Medicaid funding to permit in vitro fertilization (IVF) services. The bill highlights the proven safety, effectiveness, and societal benefits of IVF, noting its role in enabling millions of families to experience childbirth and strengthening communities. It mandates that states and local governments cannot prohibit IVF services but does not compel individuals or organizations to provide them. Additionally, it allows states to establish health and safety standards for IVF practices while ensuring access to these services under Medicaid.
Sponsor: Sen. Ted Cruz (Republican, Texas)
View full bill text ➔
How do you feel?
Oppose
Support
Opponents say
• "We appreciate that Senators Ted Cruz (R-TX) and Katie Britt (R-AL) have expressed a commitment to support IVF, a stance that 85 percent of Americans share. We have concerns, however, with how the bill is drafted. The bill allows for states to push for regulations that could severely reduce the standard of care for IVF treatment, such as restrictions on how many embryos are created and what individuals can do with these embryos - decisions that should only be made between patients and their doctors, based on science and clinical guidelines." Source: Barbara Collura, President and CEO of RESOLVE: The National Infertility Association
• "I have been perfectly clear about the glaring issue with this Republican bill. The cold, hard reality is this Republican bill does nothing to meaningfully protect IVF from the biggest threats from lawmakers and anti-abortion extremists all over this country. It would still allow states to regulate IVF out of existence. And this bill is silent on fetal personhood, which is the biggest threat to IVF." Source: Sen. Patty Murray (Democrat, Washington)
• "This is a blatant and hypocritical attempt for two staunchly anti-abortion Republicans to try to save face with voters. Senate Republicans not only support policies that threaten IVF and birth control, they also enabled Trump to appoint conservatives to the Supreme Court who overturned Roe v. Wade and emboldened extremist judges to attack fertility treatments. Those are the facts, and Republicans can’t escape them." Source: Mini Timmaraju, Reproductive Freedom for All President and CEO
Proponents say
• "IVF has given miraculous hope to millions of Americans, and it has given families across the country the gift of children,” said Cruz. “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." Source: Sen. Ted Cruz (Republican, Texas)
• "I’m honored to join Senator Ted Cruz in introducing the IVF Protection Act. IVF is pro-family, and I’m proud to strongly support continued nationwide access to this pathway to parenthood for the millions of American couples facing infertility. 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. 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." Source: Sen. Katie Britt (Republican, Alabama)
- Republicans Ted Cruz and Katie Britt introduce bill to protect IVF access (CBS News)
- Senate sinks competing IVF bills: How did they differ? (The Hill)
- Fewer than half of IVF cycles are successful. These scientists are trying to change that (BBC)
- Alabama hospital puts pause on IVF in wake of ruling saying frozen embryos are children (AP News)
- Sen. Ted Cruz’s Largest Donors (OpenSecrets)
