HR2049-119

What This Bill Does

The Access to Family Building Act creates a federal shield for assisted reproductive technology, using the definition from the Fertility Clinic Success Rate and Certification Act. Patients receive a statutory right to access ART, continue or complete an ongoing treatment plan, and retain rights over reproductive genetic materials such as gametes. Health care providers receive a statutory right to perform ART procedures and provide evidence-based information, counseling, referrals, items, and services. Health insurers receive a statutory right to cover ART. The Attorney General may sue states, local governments, officials, individuals, or entities that prohibit, unreasonably limit, or interfere with those rights, and affected parties and providers may bring private civil actions for injunctions, costs, and attorney fees. The bill preserves genuinely health-and-safety regulations only when the safety objective cannot be achieved by a less restrictive alternative. It broadly preempts conflicting federal and state law, including RFRA, unless a later federal law expressly excludes this Act.

Who Benefits and How

Assisted reproductive technology patients benefit from a federal right to start, continue, or complete IVF and related fertility treatment. Fertility clinics benefit because providers can perform ART and supply evidence-based information without unreasonable state or local interference. Embryologists and fertility clinicians benefit from federal litigation tools protecting staff and patients. Health insurers benefit from a federal right to cover ART treatments and procedures. People with stored gametes or embryos benefit because the bill protects rights over reproductive genetic materials subject to the statute.

Who Bears the Burden and How

State officials enforcing ART restrictions face preemption, federal enforcement actions, private lawsuits, injunctions, costs, and attorney-fee exposure. Local governments must ensure medical-facility rules advance safety through the least restrictive available means. The Department of Health and Human Services must issue implementing regulations within one year. Opponents of assisted reproductive technology lose legal room to use conflicting state rules or RFRA defenses against access claims.

Key Provisions

• Creates statutory rights for individuals to access, continue, or complete assisted reproductive technology treatment.
• Creates statutory rights for providers to perform ART and provide evidence-based information.
• Authorizes Attorney General enforcement and private civil actions with injunctive relief and attorney fees.
• Limits state health-and-safety rules to measures that cannot be achieved through less restrictive alternatives.
• Preempts conflicting federal and state law, including RFRA, unless later federal law expressly excludes the Act.