Alabama Lawmakers Move to Protect I.V.F. Treatments

Alabama lawmakers are considering legislation that would protect in vitro fertilization, after a State Supreme Court ruling last week led some clinics to halt I.V.F. treatments and left many women in limbo.

The ruling, which declared that frozen embryos should be legally considered children, set off a scramble among leaders in both parties to preserve access to a crucial reproductive treatment for families who have struggled with infertility and for L.G.B.T.Q. couples who are seeking to have children.

The court’s ruling, handed down by an 8-to-1 majority, applies only to three couples who were suing a fertility clinic over the accidental destruction of their embryos. But its wording — paired with a fiery opinion from the chief justice encouraging lawmakers to push its scope further — has left many wondering about the possible wider implications for people seeking I.V.F. treatment.

At least three major fertility clinics in Alabama have halted I.V.F. treatments this week as doctors and lawyers assess the possible consequences of the ruling. On Friday, a major embryo shipping company said that it also was “pausing” its business in Alabama.

And while only Republicans sit on the State Supreme Court, many conservatives in Alabama and across the nation sought to quickly distance themselves from the ruling and any perception that they are out of step with the many Americans who support I.V.F. and access to reproductive medicine.

State Senator Tim Melson, a Republican who has worked as an anesthesiologist and clinical researcher, is planning to introduce a measure that would ensure people can continue to pursue I.V.F. treatment.

Gov. Kay Ivey, a Republican, signaled she would support such a proposal, saying in a statement on Friday that fostering “a culture of life” included helping “couples hoping and praying to be parents who utilize I.V.F.”

Because Republicans hold a supermajority in the State Legislature, their support is essential for any bill to become law.

Democrats have also put forward their own measure. Anthony Daniels, the House minority leader in Alabama, filed a bill on Thursday that says “any fertilized human egg or human embryo that exists outside of a human uterus is not considered an unborn child or human being for any purpose under state law.”

And nationally, the party has not only condemned the ruling, but also tied it directly to the U.S. Supreme Court decision that ended nationwide protections for abortions, a decision that has galvanized women and suburban voters to support Democrats across the country. Republicans have struggled to respond to that political backlash.

The issue could also reverberate in hotly contested congressional races. Mr. Daniels, the House Democratic leader, is one of several lawmakers running for a newly drawn congressional district in Alabama widely viewed as a possible pickup for his party.

But by Friday, it became clear that many Republican leaders, in Alabama and across the country, had little interest in leaving open the possibility that the ruling would jeopardize reproductive access.

Gov. Brian Kemp of Georgia, a Republican, said at the Politico Governors Summit on Thursday that while he was not familiar with the full details of the ruling, he supported I.V.F. treatment because many parents “wouldn’t have children” if it wasn’t for the procedure.

The Senate Republican campaign arm circulated a memo, obtained by The New York Times, that made clear that candidates should “clearly and concisely reject efforts by the government to restrict I.V.F.”

“It is imperative that our candidates align with the public’s overwhelming support for I.V.F. and fertility treatments,” Jason Thielman, the executive director, wrote.

Sarah Kliff contributed reporting.