Alarming Ruling Threatens Access to Assisted Reproductive Technology: Attorney General Coalition Urges Congress to Act

As a coalition of 21 attorneys general, Attorney General Anthony G. Brown advocates 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) for individuals and couples experiencing infertility, same-sex couples, cancer survivors and those choosing single parenthood. However, high costs and lack of insurance coverage often bar access to these vital services.

Recently, an 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, high costs and restrictive insurance policies hinder access particularly for LGBTQ+ couples who face additional barriers due to discrimination based on their sexual orientation or gender identity. On average, ART procedures like IVF cost around $20,000 per cycle with variations based on medical needs and cycle frequency