A federal bill introduced yesterday would make access to IVF and other assisted reproductive technology (ART) a statutory right. The bill comes in the wake of the 2022 U.S. Supreme Court decision to overturn abortion rights, which many fear will lead to restrictions on other aspects of reproductive health care.
The Access to Family Building Act, introduced by U.S. Senator Tammy Duckworth (D-IL) and U.S. Representative Susan Wild (D-PA-07), and co-sponsored by Senator Tammy Baldwin (D-WI), would establish a federal statutory right to access IVF and other ART services, thereby pre-empting any state effort to limit access and ensuring that no patient or healthcare provider is punished for providing such services.
“Since the Supreme Court threw out Roe v. Wade,” said Senator Duckworth, “our nation has seen a wave of Republican-led states not only enacting strict abortion bans that severely limit their residents’ right to access basic reproductive care—but also pushing proposals that would jeopardize access to IVF and other assisted reproductive technologies that millions of Americans need to start or grow their families.”
In response, the legislation would, according to a press release:
- Establish a statutory right for an individual to access, without prohibition or unreasonable limitation or interference, assisted reproductive technology services, such as IVF, and for a healthcare provider to provide ART services;
- Establish an individual’s statutory right regarding the use or disposition of their reproductive genetic materials, including gametes;
- Allow the Department of Justice to pursue civil action against any state, government official, individual or entity that violates protections in the legislation; and
- Create a private right of action for individuals and healthcare providers in states that have limited access to ART.
The issue is personal for Duckworth, the first senator to give birth while serving in office. She explained, “Without the miracle of IVF, I wouldn’t have my beautiful baby girls—and there are so many other people like me who have had trouble getting pregnant and relied on IVF to start the families of their dreams.”
Congresswoman Wild added, “I have witnessed firsthand the heartbreak of women struggling to conceive and the strain expensive assisted reproductive treatment can have on them and their families. The last thing the government should do is make life harder on these women by imposing restrictions on the care they can receive.”
The new legislation (PDF) builds on Duckworth and Wild’s Right to Build Families Act, which was introduced in 2022, as I reported, but was blocked by Republicans in the last Congress. Unlike the 2022 bill, however, which simply prohibited states from limiting any individual’s right to access ART, the Access to Family Building Act would make access to IVF and ART a statutory right. Like the Respect for Marriage Act, which did pass in 2022, this is legislation with a primary purpose of shoring up rights in case of attempts to roll them back elsewhere.
The bill is endorsed by the American Society for Reproductive Medicine (ASRM) and RESOLVE: The National Infertility Association. Paula Amato MD, ASRM president, said in a statement, “The Access to Family Building Act would ensure couples and individuals can receive the reproductive medicine care they need regardless of who they love or where they live. Congress must pass this important bill to protect this basic human right.” We celebrate the introduction of this legislation and commend Senator Tammy Duckworth and Congresswoman Susan Wild for their leadership.”
Barbara Collura, RESOLVE’s President and CEO, is urging people to register for the Federal Advocacy Day it is hosting on May 14th in partnership with ASRM, for the opportunity to meet with members of Congress and talk about the importance of the Access to Family Building Act.
You can also contact your members of Congress directly at any time to tell them what the bill means to you. You can be sure I’ll be doing so: My spouse and I formed our own family via reciprocal IVF (my egg, her womb, donor sperm), and our son is now in college. This legislation is therefore very personal to me, too.
If you want additional information about how to protect your LGBTQ family after the Dobbs decision that overturned Roe v. Wade,, please see my interview with GLAD’s Polly Crozier and NCLR’s Julie Gonen.
