The right to IVF isn't guaranteed – or affordable. Congress has a chance to change that.
In 2022, nearly 92,000 babies were born in the United States thanks to in vitro fertilization (IVF). These babies have brought incalculable joy to their families. Some of them were born to parents who were diagnosed with infertility or cancer survivors unable to conceive after chemotherapy. Others are the dreams of LGBTQ+ parents who would have no other way of having their own biological children. All of them are miracles of science and the fulfillment of their parents' hopes and prayers.
While every single American should have access to IVF, this life-changing medical care has remained out of reach for millions. This could change dramatically with the "Right to IVF" legislation introduced in the Senate this month. It would establish a statutory right for patients to access IVF, require more insurance providers to cover fertility care, and ensure our service members and veterans have access to this treatment.
For the 85% of American adults who support family building through in vitro fertilization, this legislation is a lifeline to help millions of families have a baby and end this war on family building.
Why is IVF so expensive? I was diagnosed with cancer and couldn't afford fertility treatment. IVF should be free.
Alabama's 'unborn children' ruling raised the stakes for IVF
In February, the world watched in horror as Alabama’s IVF clinics paused care to patients following the state Supreme Court’s ruling that frozen embryos are “unborn children” under the state’s Wrongful Death of a Minor Act. This ruling was devastating for thousands of families trying to build their families using IVF, many of whom had taken additional jobs and drained their savings for a chance to have a baby.
It also created widespread uncertainty throughout the country on which states were next to harm access to IVF. The Right to IVF Act would provide much-needed federal protection for this health care; it would safeguard people’s right to build their families without fear of government restrictions on this practice or future legal recourse against them.
It also would protect doctors who specialize in IVF treatment and ensure they can adhere to best medical practices, which are absolutely critical for patient safety and optimizing outcomes.
Fear of government restrictions on IVF is not the only hurdle people face when considering undergoing IVF treatment. Out-of-pocket costs – and lack of insurance coverage – continue to be a major barrier.
Today, employees of the U.S. federal government, the largest employer in the country, do not have a guaranteed benefit to IVF through their health insurance plans.
I want to be a mom. Abortion policies and IVF choices limit my options – and my future.
Insurance should cover IVF treatment to build families
The Right to IVF Act would change this by requiring IVF and other assisted reproductive technology to be covered by the Federal Employees Health Benefits program.
Federal employees, the backbone of this country, would then be able to build their families without fear of crushing health care debt.
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The Right to IVF Act also would radically transform insurance coverage for service members and veterans, including providing IVF coverage for those who are unable to conceive without assistance and the option to freeze sperm or eggs before deploying into a combat zone.
Currently, only those who can prove that their infertility is attributed to a service-related injury or illness are eligible for coverage, leaving too many military members and their loved ones without access to the fertility care they need. Providing this coverage is the best way to show how important families are in our country, ensuring that the brave men and women who defend our country don’t have to sacrifice their dream of having a family.
In addition to federal employees, service members and veterans, Americans who are employed by private companies also would benefit from the Right to IVF Act. This legislation would ensure that high-quality fertility treatment coverage is standardized under private health insurance plans.
The emotional anguish of trying – and failing – to get pregnant is heartbreaking. We need the federal government to make it easier for people to navigate this fraught and uncertain time. Passing the Right to IVF Act would create a far smoother road for would-be parents to travel and help families welcome home more babies.
We urge every member of the Senate to support this transformative legislation and pass it without delay.
Barbara Collura is the president and CEO of RESOLVE: The National Infertility Association. Paula Amato, MD, is the president of the American Society for Reproductive Medicine.
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This article originally appeared on USA TODAY: Is IVF a human right? How Congress can protect this healthcare for all