WASHINGTON, DC – In the wake of an Alabama Supreme Court ruling that frozen embryos are children under state law, U.S. Senator Jack Reed today backed legislation to protect every American’s right to access in-vitro fertilization (IVF).  The Alabama ruling has caused IVF clinics there to halt fertility treatments.  Now, Senator Reed is cosponsoring the Access to Family Building Act (S. 3612), which would create federal protections for IVF access nationwide, bar rulings like Alabama’s, and protect people’s reproductive rights.

In-vitro fertilization is a fertility procedure that involves creating and freezing embryos in a lab.  For example, parents who have trouble conceiving may decide to have multiple eggs removed and fertilized in a laboratory.  The fertilized egg is then implanted in the patient, while the others are kept frozen for possible future use.  IVF has been safely used for decades by parents wishing to have children.

On February 16, 2024, the Alabama Supreme Court ruled that frozen embryos are ‘extrauterine children’ and determined that those who destroy a frozen embryo can be held liable for its death under the state's wrongful death of a minor law.  As a result of the ruling – which was hailed by those who successfully overturned Roe v. Wade – several leading medical service providers in the state, including Alabama’s largest hospital, have stopped providing crucial elements of IVF treatment and services to patients and halted IVF procedures.

“Anyone who has experienced chronic infertility or recurrent pregnancy loss knows how painful it can be.  While science offers an ethical way for hopeful parents-to-be to overcome fertility challenges, a group of Republican judges in Alabama are using the overturning of Roe v. Wade to inject partisan beliefs into medical decisions to undercut people’s reproductive rights and take away their freedom to start a family.  Prospective parents should not be deprived of their ability to access fertility treatments.  Congress should follow science and the law and extend federal protections for IVF access nationwide,” said Senator Reed.

Introduced by U.S. Senator Tammy Duckworth (D-IL) – a wounded veteran who relied on IVF to have her two daughters, the Access to Family Building Act would codify under federal law the right to access assisted reproductive technology (ART) services, including IVF. This 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.

According to the U.S. Centers for Disease Control and Prevention (CDC), 2 percent of children in the United States are born through assisted reproductive technology, including in-vitro fertilization.

Senator Reed is supporting Senator Duckworth’s efforts to seek unanimous consent to pass the bill through the Senate this week.

The Access to Family Building 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 disposition of their reproductive genetic materials, including gametes;
  • Allow the 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.

Companion legislation to the Access to Family Building Act has been introduced in the U.S. House of Representatives by U.S. Representative  Susan Wild (D-PA-07).