After an Alabama judge deemed frozen embryos to be children, Democrats attempted in vain to ram legislation through the U.S. Senate that would have guaranteed Americans’ access to IVF and other assisted reproductive technologies. At least three Alabama IVF clinics stopped doing IVF, which combines eggs and sperm in a lab dish for infertile couples, after the state Supreme Court ruled that frozen embryos should be treated like children.
Challenges in the courtroom
Because nonviable embryos are occasionally discarded or utilized for research, the Alabama court’s decision has sparked worries that anyone participating in IVF may be prosecuted, and that it may also inspire other states to take similar legal action. Sen. Tammy Duckworth, a Democrat and veteran of the Iraq War who was seriously injured in battle in 2004; she requested that the Senate take up her “Access to Family Building Act” legislation right now.
The Alabama Supreme Court’s decision last month that frozen embryos were lawfully regarded infants sparked fresh requests for federal safeguards for reproductive therapies, which led to the IVF business CooperSurgical filing. The decision, which caused some clinics in Alabama to stop IVF procedures, has set up a nationwide IVF firestorm. As the election draws near, Democrats are hammering Republicans on the matter, while the GOP is rushing to take positions.
Lobbying in Washington
Thorn Run Partners, a Washington-based company licensed to effectively advocate on “Fertility” and “Maternal Health,” was engaged by CooperSurgical. This week, lawmakers in Alabama’s Republican-controlled legislature passed a bill to safeguard IVF procedures. However, conservatives swiftly prevented the Senate from adopting the first federal policy. The Alabama Wrongful Death of a Minor Act made the destruction of embryos illegal, according to the court’s ruling in that state’s case.
Families alleging CooperSurgical caused the loss of their embryos are suing the corporation for undisclosed damages in many jurisdictions over identical allegations. CooperSurgical representative Adeena Fried responded, “The company wanted to see that IVF remains accessible nationwide,” when questioned about the choice to lobby. “Our goal is to guarantee that the greatest goods and innovations can be utilized in Alabama and throughout the country to strengthen families and welcome new members into the world,” the spokesperson stated. “As of right now, a lot of clinics in Alabama are closed, and legislation nationwide needs to support the entire fertility industry.”
The role of lobbying in reproductive technology
In a similar vein, GenBioPro, a different reproductive health care firm, which manufactures mifepristone generically, approached Washington following a siege of their product. In 2022, a lobbying firm filed to represent the company, and the following year, GenBioPro filed a lawsuit against the FDA to maintain the drug’s availability. CooperSurgical, a Connecticut-based corporation, recruited three seasoned Hill staffers, one of which was Jessie Brairton, a former Eli Lilly lobbyist and staff member of Rep. Lamar Smith (R-Texas). The other two lobbyists are Jacky Usyk, a veteran Democratic Senate assistant, and Andrew Rosenberg, a former aide to Sen. Ed Kennedy (D-Mass.), who co-founded the company. Federal filings state that CooperSurgical has not previously registered to lobby. Beasley met with Health and Human Services Secretary Xavier Becerra on Tuesday to talk about the turmoil and uncertainty caused by the Alabama Supreme Court decision that threatens IVF, as well as other individuals impacted by the decision. It caused many people’s reproductive treatments to come to an abrupt halt.
Balancing profit and patient welfare
Every woman present at the discussion discussed the intense psychological stress and loneliness associated with receiving reproductive therapy. The epidemic had already caused some of them to have their reproductive treatments interrupted, only for the Supreme Court’s ruling to throw them off course once again. According to fertility patient and nurse practitioner Kendall Diebold, “the IVF world as a whole is so isolating and lonely.” “And all of that has really been taken by this, and it has just been magnified and filled with sadness, grief, and anger.”
In conclusion, Internal medicine specialist Dr. Rachel Charles, who also has lupus, talked about the rigorous treatment plan she had to follow in order to do IVF and get ready for an embryo transfer. Rather than move on with an embryo transfer, she made the decision in February to take a break from the daily hormone injections. In a previous interview, Rebecca Mathews, 36, who is the mother of two IVF-conceived children, told The 19th that she was shocked and angry at the same time when she learned of the decision. She still has a frozen embryo and is unsure of what to do with it.
