Attorneys General Advocate Congress for Increased Access to Assisted Reproductive Technology

Attorney General Anthony G. Brown is part of a coalition of 21 attorneys general advocating for the passage of the Access to Family Building Act in Congress. The Act aims to ensure nationwide access to assisted reproductive technology (ART), such as in-vitro fertilization (IVF). ART has proven crucial for various individuals and couples, including cancer survivors, same-sex couples, and those experiencing infertility or choosing single parenthood. However, the high costs and lack of insurance coverage often bar access to these vital services.

A recent Alabama Supreme Court decision classified frozen embryos used in IVF as individuals, subjecting them to the state’s Wrongful Death of a Minor Act. This ruling halted IVF services across the state, impacting ongoing treatments for numerous patients. The attorneys general argue that such decisions endanger reproductive health services and interfere with families’ reproductive healthcare choices. They advocate for federal protections, such as the Access to Family Building Act, to safeguard ART services and patients’ rights.

The coalition’s letter to the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Energy and Commerce’s Subcommittee on Health urges Congress to act. Currently, nearly two percent of all U.S. births result from ART procedures. However, the high costs and restrictive insurance policies, particularly for LGBTQ+ couples, hinder access. On average, ART procedures like IVF cost around $20,000 per cycle, with variations based on medical needs and cycle frequency. While 21 states and the District of Columbia have enacted laws related to infertility insurance coverage, inconsistencies exist in definitions and coverage terms.

The Access to Family Building Act seeks to address these disparities by guaranteeing patients’ rights to ART without unreasonable limitations, encouraging insurance coverage, and affirming patients’ autonomy over reproductive genetic materials. Attorney General Brown’s support aligns with the coalition’s effort to expand ART access for all families.