Protect IVF Act

Last progress June 11, 2025 (6 months ago)

Introduced on June 11, 2025 by Tammy Duckworth

This bill creates legal rights for people to get fertility care (like IVF) and for doctors to provide it, following widely accepted medical standards. It also lets patients decide what happens to their eggs, sperm, and embryos, and make agreements with clinics about storage and handling . Health insurers are allowed to choose to cover fertility care, and makers of approved fertility drugs and devices can market and sell them . The goal is to help patients get the care they need to try to have a healthy baby, based on medical guidance, not special state restrictions .

The bill overrides state rules that conflict with these rights. It says states cannot, for example, require medically unnecessary tests or visits, block telemedicine for fertility care, limit needed medicines, or discriminate based on marital status, sex, sexual orientation, or gender identity . It keeps existing federal health privacy and drug/device safety rules in place (HIPAA and FDA laws) . The U.S. Attorney General and private individuals can sue to stop state actions that get in the way; courts can block those actions and award attorney’s fees to people who win these cases .

Key points

• Who is affected: Patients seeking fertility care; health care providers; health insurers; makers of fertility drugs/devices .
• What changes: Creates legal rights to receive, provide, cover, and supply fertility care under medical standards; blocks conflicting state limits, including bans on telemedicine, unnecessary procedures, and discrimination; allows insurers to cover care; keeps FDA and HIPAA protections .
• How it’s enforced: The U.S. Attorney General and private parties can sue; courts can halt violations and award attorney’s fees to winners .
• When it applies: Once enacted, applies nationwide and supersedes conflicting state laws. State laws about resolving disputes between two people over the same genetic material can still apply, as can state laws that protect access and do not conflict with this bill .