Democrats Want To Establish IVF As A Statutory Right

Sen. Tammy Duckworth introduced a new bill that would ensure that anyone can access IVF and other fertility treatments without reprisal from their home state.

The fight to ensure continued access to fertility treatments like in vitro fertilization is a personal one for Sen. Tammy Duckworth (D-Ill.), who had her two children through IVF. She has known for years that if Roe v. Wade fell, anti-choice groups would come for IVF and other assisted reproductive technologies next.

Duckworth, along with Rep. Susan Wild (D-Pa.), introduced the Access to Family Building Act on Thursday, legislation that would create protections for Americans ahead of that fight. The bill seeks to create a statutory right to IVF and other fertility treatments to ensure that anyone can access such care without reprisal from their home state. The statutory right also extends to physicians providing fertility care to patients. (Scroll below to read the proposed legislation in full.)

Under the proposed law, patients are legally able to keep all of their genetic materials used during fertility care. The Department of Justice would be able to pursue civil action against any state that attempted to restrict access to IVF and other fertility treatments.

“Since the Supreme Court threw out Roe v. Wade [in 2022], our nation has seen a wave of Republican-led states enacting strict abortion bans that not only severely limit their residents’ right to access basic reproductive care — but could also jeopardize access to IVF and other assisted reproductive technologies that millions of Americans need to start or grow their families,” Duckworth said in a statement.

“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.”