Washington, D.C. — U.S. Senators Patty Muray (D-WA), Tammy Duckworth (D-IL), Cory Booker (D-NJ) and Senate Democratic Leader Chuck Schumer (D-NY) today led 25 of their Senate Democratic colleagues in introducing legislation that would establish a nationwide right to in-vitro fertilization (IVF). Ever since Roe was repealed by Donald Trump’s Supreme Court majority, Republicans’ ongoing assault against reproductive freedom has threatened Americans’ access to IVF services—as evidenced by the Alabama Supreme Court ruling last year that shut down state clinics and painted IVF parents and their doctors as criminals. The Protect IVF Act would protect against such attacks by creating a statutory right for patients to access IVF services, a right for doctors to provide IVF treatment in accordance with medical standards as well as a right for insurance carriers to cover IVF without prohibition, limitation, interference or impediment. By establishing a statutory right, this would preempt any state effort to limit such access and help ensure no hopeful parent—or their doctors—are punished for trying to start or grow a family.
“The anti-choice movement has never been about protecting life—it has always been about controlling women. Republicans’ efforts to rip away women’s reproductive rights and enshrine fetal personhood bit by bit are having catastrophic consequences for women across America and putting access to IVF in jeopardy,” said Senator Murray. “Trump is full of empty talk when it comes to IVF, but he’s refused to take any action that would meaningfully improve access, and he’s empowering the very same anti-abortion activists who are working to ban IVF nationwide. The Protect IVF Act would establish a statutory right to access IVF and other assisted reproductive technology, so that all Americans can grow their families on their own terms, free from Republican interference.”
“Donald Trump loves to tell everyone how strongly he supports IVF—but the reality is, he’s the reason IVF is at risk in the first place,” said Senator Duckworth. “If Trump really cares about protecting IVF, then the choice is simple: instead of signing toothless executive orders, he should call on Republicans to support my bill to establish a nationwide right to IVF. Otherwise, all the pro-IVF talk is just more lip-service from people who have proven time and again they have no interest in actually taking any meaningful action to protect IVF access.”
“Donald Trump and Senate Republicans have repeatedly jeopardized American families’ fundamental right to make their own decisions about when and how to start a family,” said Senator Booker. “Congress must act to ensure that the freedom to start and grow a family using IVF treatment is protected and accessible to everyone in the United States.”
“Despite all the smoke and mirrors and hollow Executive Orders, Donald Trump and Republicans have led an unrelenting crusade against reproductive rights for years, refusing to support legislation that would truly protect access to IVF. Senate Democrats are united in protecting access to pro-family fertility treatment and giving every American the freedom to decide when and how to build a family. We will continue to fight extreme rightwing Republicans threatening access to IVF across the country, going against scientific evidence, and accelerating their ideologically-driven crusade,” said Leader Schumer.
In addition to Murray, Duckworth, Booker and Schumer, the legislation is cosponsored by U.S. Senators Jack Reed (D-RI), Elizabeth Warren (D-MA), Alex Padilla (D-CA), Peter Welch (D-VT), Maria Cantwell (D-WA), John Fetterman (D-PA), John Hickenlooper (D-CO), Jeff Merkley (D-OR), Brian Schatz (D-HI), Mark Warner (D-VA), Amy Klobuchar (D-MN), Angela Alsobrooks (D-MD), Chris Coons (D-DE), Angus King (I-ME), Richard Blumenthal (D-CT), Sheldon Whitehouse (D-RI), Bernie Sanders (I-VT), Gary Peters (D-MI), Ruben Gallego (D-AZ), Dick Durbin (D-IL), Martin Heinrich (D-NM), Mazie K. Hirono (D-HI), Jeanne Shaheen (D-NH), Jacky Rosen (D-NV) and Chris Murphy (D-CT).
The Protect IVF Act is endorsed by the American Society for Reproductive Medicine (ASRM), RESOLVE: The National Infertility Association, Endocrine Society, MomsRising, Indivisible, What to Expect Project, Legal Momentum: The Women’s Legal Defense and Education Fund, National Asian Pacific American Women’s Forum, American College of Obstetricians and Gynecologists, National Center for Lesbian Rights, Center for Reproductive Rights and the National Women’s Law Center.
“In February 2024, a single court ruling in Alabama put providers’ ability to offer standard-of-care fertility treatments at immediate risk,” said Sean Tipton, ASRM Chief Advocacy and Policy Officer. “Since then, we have only seen an uptick in government leaders on both sides of the aisle expressing their support for medical procedures like IVF that make it possible for millions of Americans to start and grow their families. As a result, our federal lawmakers should rally behind legislation that would protect patients’ rights to reliable access to high quality fertility care and providers’ rights to deliver IVF in accordance with scientific and evidence-based clinical guidelines. We thank Senators Duckworth, Murray, Booker, and Schumer for their tireless leadership on the Protect IVF Act and urge immediate passage of this important bill.”
“The path to parenthood is often filled with emotional and financial challenges, and for too many Americans, uncertainty about the future of IVF only adds to that burden,” said Barbara Collura, President/CEO, RESOLVE: The National Infertility Association. “No one should have to wonder if accessing medical care to build their family will be legal in their state. We can solve this right now by passing the Protect IVF Act, championed by Senator Tammy Duckworth. This legislation offers a clear solution to protect access to IVF nationwide. It’s time to give people the peace of mind they deserve and ensure that the ability to build a family is protected—once and for all.”
Full text of the legislation can be found here.
Senators Murray and Duckworth have been leading the charge to protect IVF for the millions of Americans who rely on it nationwide. Last Congress, Murray and Duckworth introduced the Right to IVF Act in the Senate—which would establish a nationwide right to IVF and other assisted reproductive technology (ART) and lower the costs of IVF treatment for middle-class families. The Right to IVF Act also includes Senator Murray’s longtime bill—the Veteran Families Health Services Act—to help veterans and servicemembers, who experience higher rates of infertility and encounter restrictive laws and policies before they can access IVF services.
Despite many Republicans publicly claiming to support IVF, nearly every Senate Republican voted against the bill in June and again in September last year. The September vote was the third time Republicans blocked legislation that would protect IVF nationwide last year.
Senator Murray has been fighting for over a decade to expand access to IVF care for veterans and servicemembers, and protect servicemembers’ and veterans’ access to the reproductive care they deserve. She has introduced multiple pieces of legislation to address the challenges veterans face when starting a family after their service, and in 2012, Senator Murray secured Senate passage of a provision to end the ban on IVF services at VA.
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