Nationwide call for expanded access to IVF and reproductive health services

April 26, 2024 Robert Abruzzese, Courthouse Editor

Attorney General Letitia James advocates for the Access to Family Building Act to ensure nationwide access and affordability of IVF and other reproductive health services. Photo: Bebeto Matthews/AP

Share this:

In response to the rising challenges in accessing assisted reproductive technology (ART) services like in-vitro fertilization (IVF), a coalition of 21 attorneys general, led by New York’s Attorney General Letitia James, has urged Congress to enact the Access to Family Building Act.

This legislation aims to ensure the availability and affordability of ART nationwide, particularly following a contentious Alabama Supreme Court decision that threatens to compromise these services by designating frozen embryos as legal persons.

The proposed federal legislation comes at a crucial time when the cost and limited insurance coverage of ART services restrict many Americans from pursuing options to start or expand their families. These barriers disproportionately affect various groups, including cancer survivors, same-sex couples and those facing infertility. The average cost of one IVF cycle in the U.S. is approximately $20,000, a sum that is often out of reach for many without substantial financial means or comprehensive insurance coverage.

The recent judicial ruling in Alabama has further complicated the landscape, leading to the closure of IVF clinics and leaving many patients in a precarious position. The ruling classifies embryos as “extrauterine children,” making the destruction of embryos subject to stringent wrongful death laws, thus casting a shadow over the future of IVF and other ART services across the country.

The Access to Family Building Act, if passed, would guarantee the right to access ART services without excessive limitations, urging insurance companies to cover these often essential medical procedures and affirming the rights of individuals to make decisions regarding their reproductive health. This move is seen as vital to safeguarding the rights of individuals to make informed choices about their reproductive futures in a landscape where such decisions are increasingly under threat.

This effort by the attorneys general shows their strong commitment to defending and broadening reproductive rights, especially at a time when these services face growing opposition across the country. Their actions emphasize a major push to make sure that reproductive health care, especially ART, is protected and acknowledged as a basic right.

“Choosing to start or grow a family is a deeply personal and important decision,” said Attorney General James. “Everyone should have the freedom to access the reproductive health care they need to make their dreams of building a family a reality. I am proud to stand with my fellow attorneys general in urging Congress to not only protect essential services like IVF but to try and make them more accessible for all. I will always fiercely defend the right of all New Yorkers to make their own reproductive decisions.”