In the wake of a controversial ruling by the Alabama Supreme Court, which held that fertility clinics could be liable for the wrongful death of cryopreserved embryos, federal lawmakers are taking bold steps to protect access to in vitro fertilization (IVF) across the United States. The ruling led Alabama to swiftly pass emergency legislation offering blanket immunity to IVF providers, an action that has had its own set of complications (read more here).
The situation in Alabama has prompted significant concern among federal legislators about the future of IVF in the country. On June 3, 2024, Senators Tammy Duckworth (D-Ill.), Cory Booker (D-N.J.), and Patty Murray (D-Wash.) introduced The Right to IVF Act. This legislative package aims to establish a nationwide right to IVF treatment and reduce the associated costs. The bill is a combination of four previously introduced pieces of legislation:
- The Access to Family Building Act: Establishes the right to access assisted reproductive technology without unreasonable limitations and ensures that individuals can retain rights over their reproductive genetic material.
- The Veteran Families Health Services Act: Provides fertility treatment and counseling to armed forces members and their families, regardless of marital status or gender identity, including up to three IVF cycles.
- The Access to Infertility Treatment and Care Act: Requires insurance plans to cover infertility treatments if they provide obstetrical services and mandates coverage for fertility preservation when necessary treatments could cause infertility.
- The Family Building FEHB Fairness Act: Adds coverage for assisted reproductive treatments, including IVF, to the Federal Employees Health Benefits (FEHB) Program.
Entry into the fray is not limited to Democratic legislators. On May 20, 2024, Senators Ted Cruz (R-Texas) and Katie Britt (R-Ala.) introduced The IVF Protection Act. This bill would amend the Social Security Act to ensure that states receiving Medicaid funding cannot prohibit IVF services and must ensure no local government unit enforces such prohibitions.
RESOLVE: The National Infertility Association has seen a notable increase in public concern and participation. This year’s federal advocacy day saw double the number of participants, reflecting heightened national interest in securing fertility rights. Judith Hoechst, a board member of RESOLVE, stated that post-Dobbs anti-abortion and fetal personhood legislation have inadvertently threatened access to fertility treatments. She voiced strong support for The Right to IVF Act to ensure access and adequate insurance coverage for infertility as a medical condition.
Although navigating a divided government in Washington is always challenging, the bipartisan support on core IVF protections offers some hope that federal legislation could soon ensure that all Americans have consistent access to essential reproductive health services. This effort could help preempt future legal and legislative battles akin to the one seen in Alabama.
The original article “Congress Goes Big On IVF” can be found here.