WASHINGTON, DC – Today, Senate Republicans blocked a motion to pass the Access to Family Building Act (S. 3612), legislation that would establish a federal right to access in-vitro fertilization (IVF) and other assisted reproductive technology (ART) services for all Americans, pre-empting state efforts to limit access and helping ensure no hopeful parent—or their doctors—are punished for trying to start or grow a family.

U.S. Senator Jack Reed, a cosponsor of the Access to Family Building Act, vowed that Democrats will continue working to protect access to IVF and fertility treatments.  He urged Republicans who claim to support access to IVF to do more than pay lip service to the problem and join Democrats in passing legislation to establish a federal right to IVF and other fertility treatments that are now at serious risk in the wake of Republicans overturning Roe v. Wade.

“The Alabama Supreme Court ruling was the shameful next step that came about after Donald Trump promised to overturn Roe v. Wade.  Trump Republicans are actively campaigning to take away Americans’ reproductive freedoms.  Some are trying to sweep the Alabama Supreme Court’s ruling under the rug ahead of the 2024 mid-terms and paying lip service to IVF services now.  But today, when given an opportunity to vote on a simple bill to do exactly what they claim they support, they blocked it.  Passing the Access to Family Building Act would enshrine into law every American’s right to access IVF care, regardless of their zip code,” said Senator Reed.  “Republicans created this problem by overturning Roe v. Wade.  Some claim they want to fix it, but Republicans won’t even allow a vote to ensure doctors and couples trying to conceive have basic protections.  The Alabama ruling and Republican blockade in the Senate are both part of an attempt to put access to IVF at risk, discourage providers from offering IVF care, and make the process less affordable and more of a legal liability.  Democrats won’t give up.  We will continue working to pass this bill, which deserves strong, bipartisan support.”

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).