WASHINGTON – U.S. Senator Chris Coons (D-Del.) joined a legislative effort led by U.S. Senators Tammy Duckworth (D-Ill.) and Patty Murray (D-Wash.) and Congresswoman Susan Wild (D-Pa.) to protect every American’s right to access in-vitro fertilization (IVF) and other assisted reproductive technology (ART) services that millions of Americans rely on to build their families. The move comes after a recent Alabama Supreme Court decision upended access to IVF treatment in the state and raised new questions about the legality of the procedure nationwide.
“Far-right extremists were never planning to stop at abortion after the Dobbs decision, and the recent Alabama ruling makes clear that IVF is next,” said Senator Coons. “Congress needs to affirm that fertility treatment, relied on by millions of Americans to grow their families, remains legal in Alabama and across the nation. Parents struggling to conceive have enough to worry about without the threat that they or their doctors could be charged with a felony for pursuing safe, routine fertility care.”
“Since the Supreme Court threw out Roe v. Wade, 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,” said Senator Duckworth. “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. As many hopeful parents continue to be understandably worried about their access to IVF amid Republicans’ escalating attacks on reproductive health care, I’m proud to introduce the Access to Family Building Act to establish a statutory right to access IVF and other ART for every American – no matter what state they live in.”
The legislation is endorsed by the American Society for Reproductive Medicine and RESOLVE: The National Infertility Association.
“Americans deserve to know that medical care to build their family, such as IVF, is legal and available anywhere in the U.S. and will always be legal and available,” said Barbara Collura, President/CEO of RESOLVE: The National Infertility Association. “RESOLVE strongly supports the Access to Family Building Act, a bill that ensures IVF is protected as well as protecting the healthcare providers offering that care. Each year our advocates are forced to fight anti-family bills introduced in statehouses across the country, creating fear among people who simply want to be a parent. We call on Members of Congress to support this pro-family bill and are honored to work alongside our champions Senator Duckworth and Congresswoman Wild.”
The Access to Family Building Act would:
Earlier this month, the Alabama Supreme Court ruled that frozen embryos are considered “extrauterine children” under state law, and those who destroy unused embryos – a common practice in IVF treatments – can be held liable for the wrongful death of a minor. The decision built on the precedent set by the U.S. Supreme Court’s 2022 Dobbs v. Jackson Women’s Health Organization decision, which struck down 50 years of precedent established by Roe v. Wade and eliminated the national right to have an abortion. In response to the Alabama Supreme Court’s decision, several health providers in the state, including the hospital for the University of Alabama at Birmingham, the largest in the state and eighth-largest in the nation, paused IVF treatments. Advocates fear other courts across the country will follow in Alabama’s footsteps and use the Dobbs decision to end IVF treatments in other states.
The full bill text is available here.