- IVF treatments have been halted in Alabama after a ruling declared frozen embryos to be human life.
- Most House Republicans back a bill making a similar argument — with no IVF exception.
- Some Republicans are trying to distance themselves from the ruling, declaring support for IVF.
Most House Republicans have cosponsored a bill declaring that life begins from the moment of conception, a position under increased scrutiny after the Alabama Supreme Court ruled that frozen embryos are “unborn children.”
This Congress, 125 House Republicans — including Speaker Mike Johnson — have cosponsored the “Life at Conception Act,” which states that the term “human being” includes “all stages of life, including the moment of fertilization, cloning, or other moment at which an individual member of the human species comes into being.”
The bill does not include any exception for in vitro fertilization (IVF), a reproductive treatment that allows mothers to fertilize several eggs outside the womb in order to increase the chances of a viable pregnancy.
Several healthcare providers in Alabama have already halted IVF programs in the wake of the ruling, given that IVF treatments may include the discarding of fertilized eggs, which may now violate the state’s Wrongful Death of a Minor Act.
The lack of an IVF exception is notable, given the carveout contained within a previous version of the Life at Conception Act introduced by Republican Sen. Rand Paul of Kentucky in 2017.
“Nothing in this Act shall be construed to require the prosecution of any woman for the death of her unborn child, a prohibition on in vitro fertilization, or a prohibition on use of birth control or another means of preventing fertilization,” reads the 2017 bill.
Republican Rep. Alexander Mooney, the main House sponsor of the bill, did not respond to Business Insider’s request for comment on why that exception was not included.
Neither did spokespeople for Speaker Johnson, who largely controls the House floor and whose evangelical Christian views have entailed staunch opposition to abortion in the past.
“When a woman is pregnant, science tells us the new life she carries is a completely separate and fully new human being from the moment of fertilization,” Johnson said during a 2021 hearing on Texas’s 6-week abortion ban.
In the wake of the Alabama ruling, some Republicans have scrambled to declare their support for IVF treatments, recognizing the unpopularity of any potential ban.
That includes GOP Senate candidates in competitive battleground states, who quickly moved to issue pro-IVF statements on Friday with the encouragement of Senate Republicans’ campaign arm.
Some House Republicans in swing seats who have previously cosponsored the Life at Conception Act have done the same, including current cosponsor Reps. Michelle Steel of California and past cosponsor David Schweikert of Arizona.
As someone who struggled to get pregnant, I believe all life is a gift. IVF allowed me, as it has so many others, to start my family. I believe there is nothing more pro-life than helping families have children, and I do not support federal restrictions on IVF.
— Rep. Michelle Steel (@RepSteel) February 22, 2024
My wife and I struggled for years
to have children. Today, we are blessed to have two beautiful children. IVF is a valuable and important tool for many Arizona families. I will oppose any effort to restrict it.— Rep. David Schweikert (@RepDavid) February 23, 2024
But Democratic groups have quickly moved to point out their sponsorship of the bill, noting the lack of an IVF exception.
“House Republicans have made clear they will stop at nothing — including outlawing in vitro fertilization — to reach their ultimate goal: banning abortion and restricting reproductive rights nationwide,” said Democratic Congressional Campaign Committee spokesperson Courtney Rice. “Their anti-family agenda, which elevates these dangerously out-of-touch positions into the mainstream, will cost them their majority this fall.”
House Majority PAC, an outside group aligned with House Democrats, distributed a memo on Friday noting that several other vulnerable Republicans have supported the bill, either currently or in previous Congresses.
That includes Rep. Nancy Mace of South Carolina, who told Axios that her office is “drafting a resolution” to express support for IVF.
“The fact is that ANY vulnerable House Republican who cosponsored the Life at Conception Act supported putting IVF and fertility treatments at risk,” reads the memo from the Democratic group. “HMP can guarantee that their support will be used against them over paid media in competitive House districts across the country this fall.”
