Protect IVF Act
Sponsored By: Senator Tammy Duckworth
Introduced
Summary
A federal right to fertility treatment. This bill would create statutory rights for people to seek, receive, continue, or complete fertility care, including assisted reproductive technology like in vitro fertilization, and to control donor testing, storage, and disposition of reproductive material.
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- Families and patients would gain a federal right to access fertility treatments and to make decisions about donor use, testing, storage, and disposition, guided by widely accepted medical standards.
- Health care providers would have a federal right to offer and finish lawful fertility care, to test and store reproductive material, and to enter contracts for handling that material, with standards informed by the American Society for Reproductive Medicine and guidance from the Secretary of Health and Human Services.
- Health insurance issuers would have rights to cover fertility treatments that meet the standards and manufacturers would have rights to supply necessary drugs and devices. Enforcement paths include action by the Attorney General and private lawsuits, with federal courts authorized to grant relief and award fees. The bill would override state laws that conflict with its standards while preserving state safety rules that follow evidence-based guidance and limited exceptions.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 4 benefits, 0 costs, 1 mixed.
Right to get fertility treatment
If enacted, individuals would have a federal right to receive and to continue fertility treatment, including IVF and egg or sperm preservation. If enacted, this right would apply when a state rule blocks care that affects interstate commerce and when care follows widely accepted medical standards. If enacted, the law would also let patients make contracts about testing, storage, shipping, and disposition of reproductive genetic material. If enacted, the bill lists state rules that would count as unlawful barriers, such as forced extra procedures or bans on telemedicine for fertility care.
Protections for fertility providers
If enacted, health-care providers would have a federal right to choose to offer and to continue fertility treatment when state rules interfere with interstate commerce. If enacted, providers must follow widely accepted, evidence-based medical standards and be licensed where state law requires it. If enacted, certain state health and safety rules could still apply when they meet evidence-based standards and are the least restrictive way to protect safety. If enacted, providers could raise the Act as a defense in state suits that conflict with it.
Federal enforcement and preemption rules
If enacted, the U.S. Attorney General could sue states that enforce rules violating the bill and ask courts to set those rules aside. If enacted, individuals and providers could also sue state actors, seek injunctions, and recover court costs and reasonable attorney fees if they win. If enacted, the bill would preempt any state law that conflicts with the Act's fertility rights.
Manufacturers can supply fertility products
If enacted, makers of legally marketed fertility drugs and devices would have a federal right to make, import, market, and sell those products when state rules interfere with interstate commerce. If enacted, the bill defines who counts as a manufacturer for these protections. If enacted, the bill would not change FDA regulation of drugs, devices, or biological products and would preserve patient privacy rules like HIPAA.
Insurers may cover fertility care
If enacted, health insurers would be allowed to offer plans that cover fertility treatment when state rules interfere with interstate commerce. If enacted, the bill would not force any insurer to cover fertility care or set payment rates. If enacted, any coverage would apply only to care provided consistent with widely accepted medical standards.
Sponsors & CoSponsors
Sponsor
Tammy Duckworth
IL • D
Cosponsors
Patty Murray
WA • D
Sponsored 6/11/2025
Cory Booker
NJ • D
Sponsored 6/11/2025
Charles Schumer
NY • D
Sponsored 6/11/2025
John Reed
RI • D
Sponsored 6/11/2025
Elizabeth Warren
MA • D
Sponsored 6/11/2025
Alex Padilla
CA • D
Sponsored 6/11/2025
Peter Welch
VT • D
Sponsored 6/11/2025
Maria Cantwell
WA • D
Sponsored 6/11/2025
John Fetterman
PA • D
Sponsored 6/11/2025
John Hickenlooper
CO • D
Sponsored 6/11/2025
Jeff Merkley
OR • D
Sponsored 6/11/2025
Brian Schatz
HI • D
Sponsored 6/11/2025
Mark Warner
VA • D
Sponsored 6/11/2025
Amy Klobuchar
MN • D
Sponsored 6/11/2025
Angela Alsobrooks
MD • D
Sponsored 6/11/2025
Christopher Coons
DE • D
Sponsored 6/11/2025
Angus King
ME • I
Sponsored 6/11/2025
Richard Blumenthal
CT • D
Sponsored 6/11/2025
Sheldon Whitehouse
RI • D
Sponsored 6/11/2025
Bernie Sanders
VT • I
Sponsored 6/11/2025
Gary Peters
MI • D
Sponsored 6/11/2025
Ruben Gallego
AZ • D
Sponsored 6/11/2025
Richard Durbin
IL • D
Sponsored 6/11/2025
Martin Heinrich
NM • D
Sponsored 6/11/2025
Mazie Hirono
HI • D
Sponsored 6/11/2025
Jeanne Shaheen
NH • D
Sponsored 6/11/2025
Jacky Rosen
NV • D
Sponsored 6/11/2025
Christopher Murphy
CT • D
Sponsored 6/11/2025
Kirsten Gillibrand
NY • D
Sponsored 6/11/2025
Tammy Baldwin
WI • D
Sponsored 6/12/2025
Timothy Kaine
VA • D
Sponsored 6/24/2025
Jon Ossoff
GA • D
Sponsored 6/26/2025
Adam Schiff
CA • D
Sponsored 7/24/2025
Michael Bennet
CO • D
Sponsored 9/18/2025
Roll Call Votes
No roll call votes available for this bill.
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