Creates a federal right for people to seek and receive fertility treatment and for health care providers, insurers, and manufacturers to provide services and products that follow widely accepted, evidence‑based medical standards. Prevents states from enforcing or creating rules that unduly restrict fertility care unless the rules are narrowly tailored to safety and consistent with accepted medical standards, and allows the Attorney General and private parties to sue to stop or defend against unlawful state limits.
Permit patients to seek and receive fertility treatment, including assisted reproductive technology services, and permit health care providers who choose to provide fertility treatment to provide such services without States enacting harmful or unwarranted limitations or requirements that single out assisted reproductive services for restrictions not consistent with widely accepted and evidence-based medical standards of care, or that do not significantly advance reproductive health or the efficacy and safety of fertility treatment, or that make fertility treatment more difficult to access.
Promote the right and ability of a patient residing in any State to choose to receive fertility treatment provided in accordance with widely accepted and evidence-based medical standards of care by a health care provider who chooses to provide such services.
Protect an individual’s right to make decisions, in consultation with the individual's health care provider, about the most appropriate medical care to maximize the chance of becoming pregnant and giving birth to a healthy, living, human child with the help of fertility treatment.
“Fertility treatment” — includes preservation of human oocytes, sperm, or embryos; artificial insemination (intravaginal, intracervical, intrauterine); assisted reproductive technology (such as in vitro fertilization and other treatments where reproductive genetic material is handled when clinically appropriate); genetic testing of embryos; medications (prescription or over‑the‑counter) indicated for fertility; gamete donation; and other related information, referrals, treatments, procedures, medications, laboratory testing, technologies, and services as determined appropriate by the Secretary of Health and Human Services. (List of included items appears verbatim in Section 3(1) of the file .)
“Health care provider” — means any entity or individual (explicitly including physicians, nurse practitioners, physician assistants, pharmacists, health care support personnel, clinical staff, and any other individual as determined by the Secretary of Health and Human Services) that (A) is engaged or seeks to engage in delivering fertility treatment (including providing evidence‑based information, counseling, referrals, or items and services related to fertility treatment); and (B) if state law requires licensing/certification/authorization to deliver such services, is so licensed/certified/authorized or would be but for providing (or planning to provide) fertility treatment in accordance with section 4. (Text from Section 3(2) in the file .)
Who is affected and how:
Overall effect: The Act centralizes protections for fertility care at the federal level, likely expanding access in restrictive jurisdictions and prompting litigation over the limits of state authority and the meaning of "evidence‑based" standards. It preserves certain narrow state powers and existing federal public health and privacy protections but shifts the legal balance toward enabling fertility services when consistent with accepted medical practice.
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Last progress June 11, 2025 (8 months ago)
Introduced on June 11, 2025 by Tammy Duckworth