Should Congress pass federal protections for IVF and other fertility treatments?
H.R. 7056 provides federal protections for in vitro fertilization (IVF) and assisted reproductive technology, including the right to dispose of unused eggs and gametes, a common practice following IVF treatments. It protects the right of healthcare providing institutions to administer reproductive treatments. Under H.R. 7056, the Department of Justice or affected patients and healthcare providers have the right to take civil action against states, localities, or institutions that enforce restrictions that violate it. Sponsor: Rep. Susan Wild (Democrat, Pennsylvania, District 7)
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Opponents say
• "[...] Both IVF and surrogacy involve manipulating the creation and development of embryos. Such technologies that bear so directly on human nature and dignity deserve the utmost scrutiny—not the blanket removal of legal safeguards. The Right to Build Families Act is the opposite of what parents, children, and the reproductive industry needs. IVF and commercial surrogacy outcomes are understudied, with little known about their long-term impact on kids. What we do know shows many harms for prospective parents, egg donors, and commercial surrogates. And the children “built” through this process are harmed most of all. There’s a huge difference between no known harms and no harms. If the Right to Build Families Act were to pass, it would undo even modest laws that protect women and preborn children." Source: Emma Waters (Research Associate, The Heritage Foundation)
• "Madam President, I support the ability for mothers and fathers to have total access to IVF in bringing new life into the world. I also believe human life should be protected. These are not mutually exclusive. Let's be clear about what the Alabama case is about. This was a case brought by families whose human embryos were killed when an unauthorized individual walked into the fertility clinic through an unsecured door, removed several human embryos, and dropped them, causing their deaths. The court's holding in favor of the parents found that these frozen human embryos are children under Alabama law. It did not ban IVF, nor has any State banned IVF. The bill before us today is a vast overreach that is full of poison pills that go way too far--far beyond ensuring legal access to IVF. The act explicitly waives the Religious Freedom Restoration Act and would subject religious and pro-life organizations to crippling lawsuits." Source: Sen. Cindy Hyde-Smith (Republican, Mississippi)
• "Even if you do not agree with us on the evident humanity of every conceived person, there are problems with S. 3612 that raise serious concerns on other grounds. If enacted, the Access to Family Building Act would be the first law ever to exempt itself from the longstanding Religious Freedom Restoration Act (RFRA), led by then-Representative Schumer and passed in the Senate by a vote of 97 to 3 in 1993. An unprecedented self-carve-out from RFRA would be devastating. The bill’s command that private entities and individuals must not “unreasonably limit[], or interfer[e]” with a new right to provide or obtain assisted reproductive technologies (ART) is, while ambiguous, certainly sweeping. For example, faith-based non-profit charities, schools, and church organizations that serve your communities and, out of principle, cannot cover in vitro fertilization (IVF) in their employee health plans could face impossible, potentially existential choices. Faith-based health care facilities and providers of faith could likewise be forced to facilitate procedures that violate their beliefs or to exit the field. Such consequences would hurt not just organizations but, more importantly, those whom they serve." Source: Bishop Michael Burbidge, Bishop Robert Barron, Archbishop Borys Gudziak, Bishop Kevin Rhoades (United States Conference of Catholic Bishops)
Proponents say
• "Since the Alabama State Supreme Court made the cruel decision to classify frozen embryos as children, many IVF clinics across the state have paused their services, leaving so many hopeful parents to scramble and worry about their futures. The effects of this ruling are devastating – and not just for individuals struggling with their fertility. Cancer patients, for instance, often use IVF to freeze their embryos before undergoing chemotherapy. Let me be clear: this ruling, and any barriers to assisted reproductive technology, are unacceptable and cruel. It’s why Congress must pass my bill, the Access to Family Building Act, immediately, to send a message to the entire country that we are fighting for their right to make decisions about their own bodies, their own journey through parenthood, and to start their families however they see fit. I am proud to say that in just the past week, we have added over 90 cosponsors to this bill, as well as a number of national advocacy and health care groups. We are all committed to seeing it over the finish line." Source: Rep. Susan Wild (Democrat, Pennsylvania, District 7)
• "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. 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 healthcare, 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." Source: Sen. Tammy Duckworth (Democrat, Illinois)
• "[...] The State Supreme Court has put access to fertility treatments at risk for families who are desperately trying to get pregnant. It’s unimaginable for people who want to become parents, and it’s a devastating example of the kind of chaos and confusion that has resulted from the overturning of Roe v. Wade. There are reports that families seeking fertility care don’t know what to do or where to turn. Doctors are afraid [...] of prosecution. And families in other states are worried they might be next. [...] Birth control access is under attack. Women are being denied care for ectopic pregnancy. And now, with this decision out of Alabama [...] IVF is under attack. So, we want to be really clear here: It is absolutely unacceptable to this administration when women are denied the care that they need. It is unacceptable. President Biden and Vice President Harris will continue to fight to protect access to reproductive healthcare and call on Congress to restore the protections of Roe v. Wade in federal law for all women in every state." Source: White House Press Secretary Karine Jean-Pierre (Democrat)
- Rep. Wild Announces New Wave of Support for IVF Protections, Calls for Congressional Action (Press Release)
- Sen. Tammy Duckworth to Bring up Vote on Bill to Protect Access to IVF Nationwide (CBS)
- Senate Republican Blocks Bill to Protect IVF Treatment (New York Times)
- Republicans who say they Support IVF Back a Bill Protecting Life ‘At Conception’ (Washington Post)
- After Alabama’s Ruling, this Senator’s Bill Aims to Protect National Access to IVF (NPR)
- Will Alabama IVF Ruling Sway Voters from Trump to Biden? (USA Today)
- Rep. Susan Wild’s Largest Donors (OpenSecrets)
