Access to Family Building Act
Sponsored By: Representative Gillen
Introduced
Summary
Protecting access to assisted reproductive technology. The Access to Family Building Act would create federal rights for patients, health care providers, and insurers to use, deliver, and insure assisted reproductive technology and related care, and it would let courts and the Attorney General challenge laws that unlawfully restrict that access.
Show full summary
- Families and patients: People seeking fertility care would have a statutory right to access ART, to continue or complete treatments under a written plan, and to control the use or disposal of reproductive genetic materials.
- Health care providers: Doctors, nurses, clinics, and other licensed staff would have a statutory right to perform or assist with ART, to provide evidence-based information, and to sue to block rules that unlawfully limit services.
- Insurers and states: Insurance plans would have a statutory right to cover ART while States could keep health and safety rules that advance patient safety, but conflicting state or local restrictions could be preempted and the Department of Health and Human Services must issue implementing regulations within one year.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 3 benefits, 0 costs, 2 mixed.
National protections for fertility care access
If enacted, you would have a federal right to get assisted reproductive technology (fertility care). You could continue or finish treatment under a written plan and control your reproductive genetic materials. Providers could perform fertility care and share evidence-based information, and insurers could choose to cover it. Conflicting state or local limits could not be enforced, but states could still use necessary, least‑restrictive health and safety rules. This would not require insurance to pay for ART; state insurance coverage rules would stay the same.
Lawsuits allowed to protect fertility care
If enacted, the Attorney General could sue governments or officials who block fertility care rights. Individuals and providers could also sue to stop illegal limits. Courts could issue injunctions. Winning plaintiffs would get costs and reasonable attorney’s fees and would not owe fees in non‑frivolous cases. Cases could be heard in federal court.
Health Department would set fertility rules in a year
If enacted, the Health Department would issue rules within one year to carry out fertility care access. These rules would spell out how the law works in practice. The deadline would help patients and providers plan next steps.
Most fertility rules would survive court loss
If enacted, if a court strikes down one part of the Act, the rest would still apply. Other parts would keep working for other people and situations.
Who counts as fertility patient or provider
If enacted, the bill would define assisted reproductive technology and who is a patient. It would also define who is a fertility care provider. Where a state requires a license, providers must be licensed or would be licensed but for their ART work under this Act. “State” would include states, DC, territories, and local governments.
Sponsors & CoSponsors
Sponsor
Gillen
NY • D
Cosponsors
Fitzpatrick
PA • R
Sponsored 3/11/2025
Lawler
NY • R
Sponsored 3/11/2025
Doggett
TX • D
Sponsored 3/18/2025
McGarvey
KY • D
Sponsored 3/18/2025
Hoyer
MD • D
Sponsored 3/18/2025
Mrvan
IN • D
Sponsored 3/18/2025
Davids (KS)
KS • D
Sponsored 3/18/2025
Scanlon
PA • D
Sponsored 3/18/2025
Stansbury
NM • D
Sponsored 3/18/2025
DelBene
WA • D
Sponsored 3/18/2025
Barragan
CA • D
Sponsored 3/18/2025
Crockett
TX • D
Sponsored 3/18/2025
Peters
CA • D
Sponsored 3/18/2025
Thanedar
MI • D
Sponsored 3/18/2025
Del. Norton, Eleanor Holmes [D-DC-At Large]
DC • D
Sponsored 3/18/2025
Tonko
NY • D
Sponsored 3/18/2025
Frost
FL • D
Sponsored 3/18/2025
Castor (FL)
FL • D
Sponsored 3/18/2025
Scholten
MI • D
Sponsored 3/18/2025
Tokuda
HI • D
Sponsored 3/18/2025
Balint
VT • D
Sponsored 3/18/2025
Ryan
NY • D
Sponsored 3/18/2025
Dingell
MI • D
Sponsored 3/18/2025
Schneider
IL • D
Sponsored 3/18/2025
Moulton
MA • D
Sponsored 3/18/2025
Sykes
OH • D
Sponsored 3/18/2025
Swalwell
CA • D
Sponsored 3/18/2025
Case
HI • D
Sponsored 3/18/2025
Budzinski
IL • D
Sponsored 3/18/2025
Costa
CA • D
Sponsored 3/18/2025
Ocasio-Cortez
NY • D
Sponsored 3/18/2025
Vargas
CA • D
Sponsored 3/18/2025
Brownley
CA • D
Sponsored 3/18/2025
Vasquez
NM • D
Sponsored 3/18/2025
Trahan
MA • D
Sponsored 3/18/2025
Ramirez
IL • D
Sponsored 3/18/2025
Bonamici
OR • D
Sponsored 3/21/2025
Harder (CA)
CA • D
Sponsored 3/21/2025
Leger Fernandez
NM • D
Sponsored 3/21/2025
Carson
IN • D
Sponsored 3/21/2025
Kennedy (NY)
NY • D
Sponsored 3/21/2025
Mullin
CA • D
Sponsored 3/21/2025
Meng
NY • D
Sponsored 3/21/2025
Smith (WA)
WA • D
Sponsored 3/21/2025
Larsen (WA)
WA • D
Sponsored 3/21/2025
Frankel, Lois
FL • D
Sponsored 3/21/2025
Quigley
IL • D
Sponsored 3/21/2025
Jayapal
WA • D
Sponsored 3/21/2025
Magaziner
RI • D
Sponsored 3/21/2025
Stanton
AZ • D
Sponsored 3/21/2025
Pocan
WI • D
Sponsored 3/21/2025
Deluzio
PA • D
Sponsored 3/25/2025
Dean (PA)
PA • D
Sponsored 3/25/2025
Beatty
OH • D
Sponsored 3/25/2025
Davis (NC)
NC • D
Sponsored 3/25/2025
Garamendi
CA • D
Sponsored 3/25/2025
Titus
NV • D
Sponsored 3/25/2025
Escobar
TX • D
Sponsored 3/27/2025
Kelly (IL)
IL • D
Sponsored 3/27/2025
Craig
MN • D
Sponsored 3/31/2025
Suozzi
NY • D
Sponsored 3/31/2025
Soto
FL • D
Sponsored 3/31/2025
Lee (NV)
NV • D
Sponsored 4/8/2025
Correa
CA • D
Sponsored 4/17/2025
Landsman
OH • D
Sponsored 5/13/2025
Himes
CT • D
Sponsored 5/13/2025
Levin
CA • D
Sponsored 5/19/2025
DeSaulnier
CA • D
Sponsored 6/26/2025
Pingree
ME • D
Sponsored 11/7/2025
McClain Delaney
MD • D
Sponsored 11/17/2025
Whitesides
CA • D
Sponsored 11/25/2025
McDonald Rivet
MI • D
Sponsored 12/18/2025
Goldman (NY)
NY • D
Sponsored 1/20/2026
Gottheimer
NJ • D
Sponsored 4/2/2026
Roll Call Votes
No roll call votes available for this bill.
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