Federal Legislation Introduced to Protect IVF Access: Here’s How You Can Help

A bill introduced today aims to protect access to IVF for anyone who needs it to build their family—like my spouse and I did. The bill comes in the wake of the U.S. Supreme Court decision to overturn abortion rights, which many fear will lead to restrictions on other aspects of reproductive health care.

Senator Tammy Duckworth (D-IL), Senator Patty Murray (D-WA), and Representative Susan Wild (D-PA) introduced the “Right to Build Families Act of 2022” (PDF) after working closely with RESOLVE: the National Infertility Association and the American Society for Reproductive Medicine (ASRM). If passed, the legislation would, RESOLVE says:

• Prohibit states from limiting any individual’s right to access ART [assisted reproductive technologies];
• Prohibit states from regulating reproductive genetic materials, including gametes;
• Protect healthcare providers who provide ART or related counseling;
• Allow the Department of Justice to pursue civil action against states that violate the legislation; and
• Allow the U.S. Attorney General, individuals, and healthcare providers to pursue civil action regarding violation of the legislation.

ASRM noted in a statement:

Although IVF is still legal in all 50 states … ASRM is concerned that in the rush of some states to pass “personhood” bills in January, states may also inadvertently or purposefully ban IVF. The decision to start a family is not a political matter. In order for Americans to exercise their fundamental right to build their own families, they must have access to assisted reproductive technologies. Regardless of partisan politics at the state level, the right to become a parent must be protected.

Michael Thomas, MD, ASRM president, added, “Individuals of color as well as people who identify as LGBTQ+ face increased barriers to care. The Right to Build Families Act of 2022, would ensure couples and individuals can, regardless of who and where they are, receive the reproductive medicine care they need.”

Like the recently passed Respect for Marriage Act, this is legislation with a primary purpose of shoring up rights in case of attempts to roll them back elsewhere. As RESOLVE President & CEO Barbara Collura said, “We know firsthand how anti-abortion state legislation can negatively impact access to medical treatments such as IVF, which could restrict care for millions of people who are struggling to build their family. The Right to Build Families Act of 2022 would guarantee that access to family building care such as IVF would be legal and available in every state.”

My spouse and I formed our own family via reciprocal IVF (my egg, her womb, donor sperm). Our son is now in college. This legislation is therefore very personal to me. I’ve already contacted my members of Congress and asked them to support it. Click this button to contact yours and do the same:

If you want additional information about how to protect your LGBTQ family after the Dobbs decision, please see my interview with GLAD’s Polly Crozier and NCLR’s Julie Gonen.