Lawmakers push for vote on Right to IVF Act, to pre-empt state efforts

U.S. Rep. Abigail Spanberger of Virginia backed an effort to force a vote on the floor of the U.S. House of Representatives to protect access to family planning tools, like in-vitro fertilization (IVF).

Spanberger signed a discharge petition to force a vote on the U.S. House floor on the Right to IVF Act. The Right to IVF Act — which is an updated version of the Spanberger-backed Access to Family Building Act — would codify under federal law the right to access assisted reproductive technology (ART) services, including IVF. The legislation would pre-empt any state effort to limit such access and make sure no hopeful parents — or their doctors — are punished for trying to start or grow a family.

“When the Alabama Supreme Court granted legal protections to embryos — ruling that they are children under the law, it stalled IVF treatment across the state and sparked nationwide concern about access to fertility care. Since this abhorrent decision was handed down, we must protect hopeful parents’ right to decide when and how to start or grow their family,” Spanberger said. “This legislation would make sure that every woman and family across our Commonwealth and our country retains the right to access vital family planning tools like IVF — and I am hopeful that this action will help protect these treatments under federal law once and for all.”

The Right to IVF Act would:

• 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 disposal of their reproductive genetic materials, including gametes;
• Allow the U.S. 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 Right to IVF Act is led in the U.S. House by U.S. Rep. Susan Wild of Pennsylvania. Companion legislation is led in the U.S. Senate by U.S. Sens. Tammy Duckworth of Illinois and Patty Murray of Washington.