On Sunday, The Wall Street Journal published an editorial written jointly by U.S. Sens. Kaite Britt (R-Montgomery) and Ted Cruz (R-Texas) about their legislative efforts to “clear up confusion after an Alabama Supreme Court ruling” on in-vitro fertilization.

“Families across the U.S. are understandably worried that in vitro fertilization is under threat,” the op-ed began. “As Republican senators from Texas and Alabama, we’re united on many issues, including the need to protect both life and access to IVF treatments, which many families rely on to have children. This issue is close to our hearts as parents.”

The senators cited the Alabama Supreme Court’s decision last February that considered embryos created through the IVF process as children from a legal perspective. The ruling arose from a wrongful death lawsuit filed by parents whose frozen embryos were allegedly destroyed at a Mobile IFV clinic.

Though the Alabama Legislature rushed to pass a law to protect IVF clinics from legal liability for death or damage to embryos, many people have been concerned with losing access to what could be their only path to having a child.

SEE: IVF patients ask court to declare new provider immunity law unconstitutional — ‘Our Legislature should not have rushed to judgment’

“To address these concerns, we will introduce a bill on Monday to ensure IVF access is legally protected nationwide,” Britt and Cruz wrote. “The legislation would require, as a condition of receiving federal Medicaid funding, that states don’t prohibit IVF.”

The senators said their new bill would “eliminate any ambiguity” left over by the state’s law and court’s interpretation by providing federal protection. States could still regulate IVF under the proposed bill, and no organization would be compelled to provide IVF against its conscience.

“Misconceptions and fear-mongering around the legal standing of IVF do a disservice to families facing infertility,” the lawmakers stated. “Our bill will honor and support families seeking to welcome a new baby into their lives through IVF.”

Britt and Cruz cited statistics showing that roughly 2% of births in the U.S. came from IVF, and 86% of Americans supported the practice.

The senators concluded, “This is an opportunity to unite on a shared bipartisan commitment to life, family, and personal liberty by protecting access to IVF treatments in every corner of America.”

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