New Legislation From Senators Murray, Duckworth Would Protect Right to Access IVF, Other Assisted Reproductive Technology in the Face of Republican Attacks

Senator Murray: “Since Roe v. Wade was overturned, Republicans have relentlessly gone after a woman’s right to make her own decisions about her body, her health, and her pregnancies—and that includes going after the use of assisted reproductive technology like IVF.”

New legislation builds on the Senators’ Right to Build Families Act introduced in the wake of the Dobbs decision—MORE HERE

Washington, D.C. –  As Republicans and the anti-abortion movement continue their state-by-state attacks on reproductive healthcare, U.S. Senators Patty Murray (D-WA) and Tammy Duckworth (D-IL) introduced new legislation to protect every American’s right to access in-vitro fertilization (IVF) and other assisted reproductive technology (ART) services that millions of Americans rely on to have children. Building on the lawmakers’ previously introduced Right to Build Families Act, this new legislation would establish a statutory right to access IVF and other ART services, thereby pre-empting any state effort to limit such access and ensuring no hopeful parent—or their doctors—are punished for trying to start or grow their family. U.S. Representative Susan Wild (D-PA-07) introduced companion legislation in the House of Representatives.

“Since Roe v. Wade was overturned, Republicans have relentlessly gone after a woman’s right to make her own decisions about her body, her health, and her pregnancies—and that includes going after the use of assisted reproductive technology like IVF,” said Senator Murray. “It’s hard to comprehend Republican attacks on technologies that help women have more children, unless you remember that the bottom line for the anti-choice movement is—and has always been—about control. This new legislation builds on legislation Senator Duckworth and I introduced in the immediate aftermath of Dobbs—we are not going to stop fighting for every American’s right to build a family on their own terms.”

After the Supreme Court’s disastrous Dobbs ruling, many women have not only seen their constitutional right to abortion ripped away from them as a result of state abortion bans, but their ability to get treatment for cancer, lupus and more—and to access IVF and other assisted reproductive technology in order to build a family—are also under threat. The new patchwork of state abortion bans has created significant confusion among patients and providers alike about what services doctors can and cannot provide—including ART—in states with the most restrictive laws. These threats have led IVF centers to call for new protections. In a number of states, Republican lawmakers have proposed legislation that would restrict access to ART. In a leaked audio recording, a leading anti-abortion group advised state lawmakers to avoid discussing regulating IVF and contraception at this time but noted that restrictions could be revisited in a few years.

The Access to Family Building Act would:

1. 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;
2. Establish an individual’s statutory right regarding the use or disposition of their reproductive genetic materials, including gametes;
3. Allow the Department of Justice to pursue civil action against any state, government official, individual or entity that violates protections in the legislation; and
4. Create a private right of action for individuals and healthcare providers in states that have limited access to ART.

Bill text can be found HERE.

Along with Duckworth and Murray, the legislation was co-sponsored in the Senate by U.S. Senators Tammy Baldwin (D-WI) and Kirsten Gillibrand (D-NY).

This legislation is endorsed by: American Society for Reproductive Medicine (ASRM) and RESOLVE: The National Infertility Association.

Senator Murray is a longtime leader in the fight to protect and expand access to reproductive health care and, after the Supreme Court’s disastrous decision in Dobbs v. Jackson Women’s Health Organization overturning Roe v. Wade, Murray has led Congressional efforts to fight back.  Murray led her colleagues at the outset of this Congress to make crystal clear that Senate Democrats are continuing to fight to protect every American’s reproductive rights and will be a firewall against Republicans’ continued attacks on women’s rights—and that’s exactly what she’s doing now. Murray has introduced more than a dozen pieces of legislation to protect reproductive rights from further attacks, protect providers, and help ensure women get the care they need; she also co-leads the Women’s Health Protection Act, which would restore the right to abortion nationwide, and has been leading Congressional efforts to make over-the-counter birth control affordable. Last week, Senator Murray led Senate Democrats in hosting a briefing on the State of Abortion Rights across America, where senators heard powerful testimony from individuals who had been personally harmed by Republicans’ abortion bans.

Ahead of the one year anniversary of the Dobbs decision, Senator Murray led Senate Democrats in seeking unanimous consent on the Senate floor for four common-sense bills to protect women’s fundamental freedoms. After Senate Republicans blocked every single bill, Senator Murray spoke on the Senate floor about the health care crisis Republicans have created, and how Senate Democrats are standing with Americans across the country to fight back.

###