Protecting access to fertility treatments and reproductive medical services?

Awaiting Vote
Bill Summary

Known as the “Right to IVF Act”, this bill would allow patients to receive fertility treatments and permit healthcare providers to provide such services without unwarranted or harmful limitations from state legislatures. Additionally, it protects an individual’s rights to make medically informed decisions on the most appropriate medical care and successful fertility treatments. There are also provisions for reproductive and fertility preservation assistance for veterans and members of the uniformed services. Sponsor: Senator Tammy Duckworth (Democrat, Illinois)
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Opponents say

•    "The Right to IVF Act, meanwhile, would manufacture a new federal right and

problematic health insurance mandate to support the underregulated and lucrative IVF industry –which kills and freezes countless embryonic human beings, our brothers and sisters, often in a eugenic manner; commodifies children, donors, and surrogates; and can even produce worse health outcomes for women and children. Further, it would steamroll protective state laws that stand in its way, and include definitions of “fertility treatment” and “assisted reproductive technology” that, beyond IVF, could include cloning, even of deceased persons. This legislation must be opposed." Source: United States Conference of Catholic Bishops 

•    "Today, Democrats staged a show vote in an effort to fearmonger over IVF. Let’s be clear: No one is trying to ban IVF. Not one senator. I voted against this legislation because it goes far beyond IVF. It is designed to be a backdoor to federalize abortion and other issues that are best debated and considered on their own merits, not hidden in a bill that purportedly addresses IVF. Alarmingly, it also actively exempts itself from Religious Freedom Restoration Act conscience protections. " Source: Senator Ted Cruz (Republican, Texas) 

•    "Now, let me take a moment to clarify a few things about the bill that Democrats are pushing this week. First, let’s be very clear… There is not a single state in the country that has outlawed IVF or that has expressed any interest in outlawing IVF. This is just empty fear-mongering by Democrats who would rather push unnecessary bills like this than take meaningful action to secure our border, improve our economy, or hold the radical members of the Biden administration accountable for their lawless conduct. I think everyone here supports IVF, which is great because Democrats are typically advocating for unlimited abortion, not more babies which is what we get with IVF. If a state takes action against IVF, I will be the first to condemn it. That isn’t happening." Source: Senator Rick Scott (Republican, Florida)

Proponents say

•    "The Leadership Conference on Civil and Human Rights, a coalition of more than 240 national organizations committed to promoting and protecting the civil and human rights of all persons in the United States, urges you to support S. 4445, the Right to IVF Act, when the bill reaches the Senate floor.

Post-Dobbs, access to reproductive health care has faced an onslaught of attacks. Even access to in-vitro fertilization (IVF) is under threat. Efforts to limit access to IVF and family planning technology represent yet another attempt to unnecessarily burden or prevent people from accessing reproductive health care and interfere with private health decisions that should remain between a person and their medical provider. These efforts will disproportionately harm those who already face difficulties accessing and affording reproductive health care, including LGBTQI+ people, many of whom rely on this technology to start their own families." Source: Jesselyn McCurdy, Executive VP for Government Affairs of The Leadership Conference on Civil and Human Rights

•    "For some prospective parents who struggle with fertility issues, their only chance at having children is through IVF.  But now, some Republican legislatures and activist judges are seeking to deny them that opportunity and forcing them to put family planning decisions on hold.  I cosponsored the Right to IVF Act to protect reproductive care and make life a little easier for patients going through the IVF process.  Passing this bill would give them peace of mind and prevent a partisan, out of touch judge from suddenly halting their fertility treatment and taking away their opportunity to have a child of their own" Source: Senator Jack Reed (Democrat, Rhode Island) 

•    "The Administration strongly supports Senate passage of S. 4445, the Right to IVF Act.

When the Supreme Court overturned Roe v. Wade nearly two years ago, it paved the way for

Republican elected officials’ extreme, out-of-touch agenda, which has eroded access to

reproductive health care for families across the country. Women are being turned away from

emergency rooms and forced to travel hundreds of miles for health care, while doctors and

nurses fear prosecution for providing the care they were trained to provide. And, earlier this

year, an Alabama Supreme Court decision put access to fertility treatments at risk for families

who were desperately trying to get pregnant, shuttering fertility clinics across the state. The

disregard for the ability of women to make these decisions for themselves and their families is outrageous and unacceptable." Source: Executive Office of the President