Right to IVF Act of 2026
Sponsored By: Senator Duckworth, Tammy [D-IL]
Introduced
Summary
Establishes a federal right to access assisted reproductive technology (ART) and intrauterine insemination (IUI). It would protect patients and willing providers to seek, offer, and make medical decisions about eggs, sperm, and embryos while overriding state limits that conflict with clinical guidance.
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- Families and patients: Would create a statutory right to pursue ART/IUI and to control donation, testing, storage, and disposition of reproductive material. It would also allow individuals and providers to bring private lawsuits for damages and equitable relief.
- Active-duty service members and military families: Would require the Department of Defense to provide ART/IUI and fertility preservation for eligible active-duty members. It allows up to three completed oocyte retrievals, unlimited embryo transfers, funds donor procurement, and pays for storage and transport for one year after separation.
- Veterans, insurers, and employers: Would add ART/IUI into Veterans Affairs medical services and require group health plans to cover ART and IUI with cost-sharing no more restrictive than other medical care. Plans must notify enrollees and the rule applies to plan years beginning six months after enactment.
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 7 benefits, 0 costs, 0 mixed.
Medicaid must cover IVF and IUI
If enacted, States would have to include ART and IUI in Medicaid family planning services starting October 1, 2027. HHS may allow a short delay if a State needs to pass a law to comply. This change would expand covered access to fertility care for Medicaid enrollees.
Military fertility preservation and support
If enacted, the Department of Defense would make ART, IUI, and counseling available to service members and their spouses, partners, or gestational surrogates regardless of diagnosis or marital status. The Department would offer up to three completed oocyte retrievals for IVF and unlimited embryo transfers. Cryopreservation, storage, and transport tied to pre-deployment preservation would be provided at no cost to the member until one year after the member's retirement, separation, or release. DoD could pay or reimburse reasonable donor procurement costs at the member's election.
Private plans must cover IVF and IUI
If enacted, group and individual health plans would have to cover assisted reproductive technology (ART) and intrauterine insemination (IUI) when a licensed provider says they are appropriate. Plans could not charge higher cost-sharing or set stricter limits for ART/IUI than for other medical services. Insurers would have to give written notice about ART/IUI coverage by the plan's first mailing after regulations, in the next yearly packet, or by January 1, 2027. Coverage rules would apply for plan years beginning six months after enactment.
VA fertility care, research, and access
If enacted, VA would be required to provide ART, IUI, and counseling to eligible covered veterans and their spouses, partners, donors, or surrogates. IVF under VA would be limited to up to three completed egg retrievals and would allow unlimited embryo transfers. VA would be allowed to pay or reimburse reasonable donor procurement and related travel costs and would run outreach, training, and research to help veterans access services. DoD and VA would cooperate so VA can access reproductive material stored by DoD when needed.
Federal employee plans must cover fertility
If enacted, federal employee health plans (FEHB) would be required to cover ART and IUI using the Act's definitions. This FEHB requirement would take effect one year after enactment. Federal employees and their covered family members could see lower out-of-pocket costs for fertility care once the change takes effect.
Medicare covers fertility treatments
If enacted, Medicare would cover ART and IUI for services furnished on or after January 1, 2027. Medicare payment would equal 100% of the lesser of the provider's actual charge or the applicable Medicare amount. The Medicare Part B deductible would not apply to these ART services.
Federal protections and preemption for fertility
If enacted, the Act would create federal rights to receive and provide ART and IUI and to make and sell fertility products that are lawfully marketed. Federal law would override State rules that unreasonably block those rights, and the bill lists many kinds of state limits that would be impermissible. The Attorney General could sue States that enforce bans, and people and providers could bring private suits and recover costs and attorney fees. HHS would have to issue implementing regulations within 180 days after enactment.
Sponsors & CoSponsors
Sponsor
Duckworth, Tammy [D-IL]
IL • D
Cosponsors
Sen. Murray, Patty [D-WA]
WA • D
Sponsored 7/23/2026
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 7/23/2026
Sen. Schumer, Charles E. [D-NY]
NY • D
Sponsored 7/23/2026
Sen. Alsobrooks, Angela D. [D-MD]
MD • D
Sponsored 7/23/2026
Sen. Baldwin, Tammy [D-WI]
WI • D
Sponsored 7/23/2026
Sen. Bennet, Michael F. [D-CO]
CO • D
Sponsored 7/23/2026
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 7/23/2026
Sen. Blunt Rochester, Lisa [D-DE]
DE • D
Sponsored 7/23/2026
Sen. Cantwell, Maria [D-WA]
WA • D
Sponsored 7/23/2026
Sen. Coons, Christopher A. [D-DE]
DE • D
Sponsored 7/23/2026
Sen. Cortez Masto, Catherine [D-NV]
NV • D
Sponsored 7/23/2026
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 7/23/2026
Sen. Fetterman, John [D-PA]
PA • D
Sponsored 7/23/2026
Sen. Gallego, Ruben [D-AZ]
AZ • D
Sponsored 7/23/2026
Sen. Gillibrand, Kirsten E. [D-NY]
NY • D
Sponsored 7/23/2026
Sen. Hassan, Margaret Wood [D-NH]
NH • D
Sponsored 7/23/2026
Sen. Heinrich, Martin [D-NM]
NM • D
Sponsored 7/23/2026
Sen. Hickenlooper, John W. [D-CO]
CO • D
Sponsored 7/23/2026
Sen. Hirono, Mazie K. [D-HI]
HI • D
Sponsored 7/23/2026
Sen. Kaine, Tim [D-VA]
VA • D
Sponsored 7/23/2026
Sen. Kelly, Mark [D-AZ]
AZ • D
Sponsored 7/23/2026
Sen. Kim, Andy [D-NJ]
NJ • D
Sponsored 7/23/2026
Sen. King, Angus S., Jr. [I-ME]
ME • I
Sponsored 7/23/2026
Sen. Klobuchar, Amy [D-MN]
MN • D
Sponsored 7/23/2026
Sen. Luján, Ben Ray [D-NM]
NM • D
Sponsored 7/23/2026
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 7/23/2026
Sen. Merkley, Jeff [D-OR]
OR • D
Sponsored 7/23/2026
Sen. Murphy, Christopher [D-CT]
CT • D
Sponsored 7/23/2026
Sen. Ossoff, Jon [D-GA]
GA • D
Sponsored 7/23/2026
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 7/23/2026
Sen. Peters, Gary C. [D-MI]
MI • D
Sponsored 7/23/2026
Sen. Reed, Jack [D-RI]
RI • D
Sponsored 7/23/2026
Sen. Rosen, Jacky [D-NV]
NV • D
Sponsored 7/23/2026
Sen. Sanders, Bernard [I-VT]
VT • I
Sponsored 7/23/2026
Sen. Schatz, Brian [D-HI]
HI • D
Sponsored 7/23/2026
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 7/23/2026
Sen. Shaheen, Jeanne [D-NH]
NH • D
Sponsored 7/23/2026
Sen. Slotkin, Elissa [D-MI]
MI • D
Sponsored 7/23/2026
Sen. Smith, Tina [D-MN]
MN • D
Sponsored 7/23/2026
Sen. Van Hollen, Chris [D-MD]
MD • D
Sponsored 7/23/2026
Sen. Warner, Mark R. [D-VA]
VA • D
Sponsored 7/23/2026
Sen. Warnock, Raphael G. [D-GA]
GA • D
Sponsored 7/23/2026
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 7/23/2026
Sen. Welch, Peter [D-VT]
VT • D
Sponsored 7/23/2026
Sen. Whitehouse, Sheldon [D-RI]
RI • D
Sponsored 7/23/2026
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 7/23/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov