IV 

118TH CONGRESS 

2D SESSION H. RES. 1043 

Expressing support for continued access to fertility care and assisted reproductive technology, such as in vitro fertilization, in light of the Supreme 

Court of Alabama’s ruling that has jeopardized access to in vitro fertilization and other assisted reproductive technology. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 29, 2024 

Ms. MACE (for herself, Mr. VAN DREW, Mr. D’ESPOSITO, Mr. BACON, Mrs. 

KIGGANS of Virginia, Mr. LALOTA, and Mr. SCHWEIKERT) submitted the 

following resolution; which was referred to the Committee on Energy and 

Commerce 

RESOLUTION 

Expressing support for continued access to fertility care and 

assisted reproductive technology, such as in vitro fertilization, in light of the Supreme Court of Alabama’s 

ruling that has jeopardized access to in vitro fertilization 

and other assisted reproductive technology. 

Whereas infertility is a condition of the male or female reproductive system defined by the failure to achieve a pregnancy after 12 months or more of regular unprotected 

sexual intercourse; 

Whereas there are a variety of lifestyle and genetic factors, 

and myriad of other medical conditions, that can lead to 

infertility and make conceiving a child more difficult; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HRES 1043 IH 

Whereas studies suggest that 48,000,000 couples and 

186,000,000 individuals live with infertility globally; 

Whereas 19 percent of married women of reproductive age in 

the United States with no prior births are unable to get 

pregnant after 12 months or more of regular unprotected 

sexual intercourse; 

Whereas 26 percent of married women of reproductive age in 

the United States with no prior births have difficulty getting pregnant or carrying a pregnancy to term; 

Whereas infertility is a psychologically devastating condition 

that can lead to extended periods of anger, stress, anxiety, and depression for couples struggling to conceive; 

Whereas in vitro fertilization is a form of assisted reproductive technology that consists of a series of medical procedures, including the collection of mature eggs from ovaries, fertilization of these eggs outside the human body, 

and implantation of embryos in the uterus; 

Whereas advances in assisted reproductive technology, such 

as in vitro fertilization, over the last 50 years has offered 

hope to the millions of couples struggling to conceive; 

Whereas 12 percent of women of reproductive age in the 

United States have used assisted reproductive technology, 

such as in vitro fertilization, in their lifetime; 

Whereas in vitro fertilization, and other forms of assisted reproductive technology, have been proven to be safe, reliable, and effective forms of infertility treatment; 

Whereas more than 55 percent of women younger than 35 

years old in the United States are able to become pregnant by in vitro fertilization after just one egg retrieval; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HRES 1043 IH 

Whereas assisted reproductive technology, such as in vitro 

fertilization, are medical procedures that allow for more 

couples to achieve pregnancy and more children to be 

born; 

Whereas it is estimated that more than 10,000,000 babies 

have been born globally though assisted reproductive 

technology and that approximately 500,000 babies are 

born each year though assisted reproductive technology; 

Whereas approximately 2.3 percent of all infants born annually in the United States are conceived with assistive reproductive technologies, such as in vitro fertilization; 

Whereas in vitro fertilization allows for cryogenic freezing 

and storage of embryos, allowing medical professionals to 

transfer one embryo at a time into the patient’s uterus, 

reducing the health risks associated with carrying twins 

and triplets; 

Whereas cryogenically freezing embryos prior to implantation 

in the in vitro fertilization process, has dramatically decreased the risk of ovarian hyperstimulation syndrome, a 

potentially life-threating condition that affects fertility 

patients; 

Whereas utilizing cryogenic freezing and storage of embryos 

during the in vitro fertilization process is significantly 

more cost effective for couples experiencing infertility 

than traditional in vitro fertilization; 

Whereas the Supreme Court of Alabama’s ruling on February 

16, 2024, has jeopardized access to in vitro fertilization 

and other assisted reproductive technology for couples in 

Alabama experiencing infertility; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HRES 1043 IH 

Whereas the ruling by the Supreme Court of Alabama could 

expose providers of in vitro fertilization in the State of 

Alabama to significant civil and criminal liability; 

Whereas at least 3 medical providers in the State of Alabama 

suspended in vitro fertilization services in the week following the ruling by the Supreme Court of Alabama; 

Whereas the ruling by the Supreme Court of Alabama will increase the cost of assisted reproductive technology, such 

as in vitro fertilization, for couples experiencing infertility; and 

Whereas the ruling by the Supreme Court of Alabama, and 

any substantially similar ruling or statute, will result in 

fewer pregnancies and fewer children being born: Now, 

therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) expresses strong support for continued ac3 cess to fertility care and assisted reproductive tech4 nology, including in vitro fertilization at home and 

5 abroad; 

6 (2) commends the work of reproductive 

7 endocrinologists and other fertility specialists in as8 sisting couples experiencing infertility in bringing 

9 life into the world; 

10 (3) condemns any judicial ruling that would re11 sult in restricted access to fertility care and assisted 

12 reproductive technology, including in vitro fertiliza13 tion; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•HRES 1043 IH 

1 (4) calls on elected officials at all levels of gov2 ernment to reject proposals that would put access to 

3 fertility care and assisted reproductive technology, 

4 including in vitro fertilization, in jeopardy; and 

5 (5) calls on elected officials at all levels of gov6 ernment to proactively pass legislation to protect ac7 cess to fertility care and assisted reproductive tech8 nology, including in vitro fertilization. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB