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2 Wisconsin Republicans running in newly competitive districts introduce IVF legislation

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  Published in Sports and Competition on Thursday, November 6th 2025 at 13:41 GMT by Milwaukee Journal Sentinel

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The bill and its controversial provisions

The legislation, officially known as the “Wisconsin Reproductive Health Act – IVF Amendments,” is a 12‑page bill that passed the Senate Committee on Health and Family Services with a 6‑to‑3 vote. It would require that only one embryo be transferred in any IVF cycle and would prohibit the use of PGD, a technology that allows doctors to test embryos for genetic abnormalities before implantation. The bill also prohibits the use of donor eggs or sperm in IVF procedures, a move that would dramatically reduce the options available to same‑sex couples, transgender individuals, and single parents. Additionally, the bill would allow the state Department of Health Services to impose a mandatory “pregnancy verification” requirement on all IVF clinics, ensuring that only women who are already pregnant can receive the service. The bill’s language is broad and does not provide for any exceptions, including those for women who have already experienced multiple failed IVF attempts or those with severe genetic disorders.

Pro‑life groups have hailed the measure as a “necessary safeguard” that protects the sanctity of life from the moment of conception. In a statement released on the Wisconsin Family Values Initiative’s website, the coalition wrote, “The Wisconsin Reproductive Health Act – IVF Amendments is a vital step in ensuring that every human life is protected from the earliest stages, and it aligns with our mission to advance the moral and social fabric of our state.” The bill also references a 2019 federal court ruling that “has opened the door for state regulation of reproductive technologies,” thereby providing a legal justification for the new restrictions.

Opponents of the legislation, however, argue that it is a blatant infringement on reproductive autonomy and would disproportionately impact low‑income women and people of color. The Wisconsin Center for Reproductive Rights, which has a dedicated page on the bill at https://reprorights.wisc.org/ivf-bill, highlighted that the proposed restrictions would make it impossible for many families to access IVF services, with a projected cost increase of up to $4,000 per cycle. The organization also pointed out that the bill is “an attempt to weaponize reproductive technology to limit the ability of families to grow naturally and ethically.”

The election implications

Sen. Boucher’s 25th District covers the northern part of Milwaukee County, an area that is known for its diverse population and has voted Democratic in recent presidential elections. In 2022, Boucher’s opponent, Democrat Maria Martinez, won the seat with 52% of the vote. Boucher’s campaign has relied heavily on a pro‑life platform, and his alignment with the IVF bill is expected to draw criticism from constituents who see the proposal as a violation of personal liberty. In a local interview, Martinez criticized the bill as “an overreach of government that infringes on women's right to decide what kind of family they want,” and she pledged to seek alternative reproductive options through private clinics outside Wisconsin if the bill were to pass.

Similarly, Rep. O’Brien represents the 11th Assembly District, which includes the southern suburbs of Madison. In 2022, O’Brien won with 55% of the vote, but his margin narrowed to 51% in the last primary. He has received endorsements from several state‑wide conservative groups and has been a vocal supporter of anti‑abortion legislation. His support for the IVF bill has led to a backlash from a segment of his district that is more socially liberal, especially among younger voters. In a recent town‑hall meeting, O’Brien defended the bill by saying, “We must not allow the commodification of human life. IVF is a medical procedure that, if not regulated, could become a slippery slope.” He added that the bill would help ensure that embryos are treated with the dignity they deserve.

The Wisconsin Election Commission has issued a warning that candidates who take a public stance on controversial reproductive issues may be at risk of losing voter support. According to the commission’s 2024 report, 16% of voters surveyed in the state said that a candidate’s position on reproductive health “would be a deciding factor” in their vote. In light of these findings, both Boucher and O’Brien have reportedly intensified their outreach efforts to the anti‑abortion community, but they also face increasing pressure from pro‑choice advocacy groups that have mobilized grassroots campaigns, including letter writing, phone banks, and targeted advertising.

Legal and practical challenges

The proposed restrictions on IVF also raise legal challenges, as the bill’s language directly conflicts with the Supreme Court’s 2020 ruling in Roe v. Wade, which recognized a woman’s right to choose reproductive procedures. While Wisconsin’s courts have previously upheld certain restrictions on abortion, the IVF bill has not yet been challenged in the courts. Several legal scholars have already expressed concern that the bill could be struck down for violating the constitutional right to privacy, citing Planned Parenthood v. Casey and the Roe precedent. The Wisconsin Center for Reproductive Rights has filed a preliminary injunction to halt the bill’s enforcement pending a full trial, citing the potential for “unreasonable hardship” on patients seeking fertility treatment.

What the bill means for the state

If the IVF bill passes, it would become the first state law in the country to place restrictions on reproductive technology that are explicitly tied to the legal definition of a human life at the embryo stage. This could have a ripple effect across the Midwest, encouraging other states to adopt similar measures. Conversely, if the bill fails, it could reinforce the argument that reproductive technology can be regulated without infringing on fundamental rights, and it could potentially open the door to more moderate reproductive policies in Wisconsin.

For now, the two Republicans remain embroiled in a political showdown that extends beyond the legislative chamber. The upcoming primary and general elections will likely determine whether the IVF bill’s fate is decided by a narrow group of conservative voters or by a broader coalition that includes women, families, and reproductive‑rights advocates. In either case, the battle over this legislation underscores a larger national debate about the limits of government authority in matters of personal autonomy and reproductive health.