On April 24, 2024, Attorney General Josh Kaul, alongside a coalition of 21 attorneys general, called on Congress to pass the Access to Family Building Act to protect the right to access assisted reproductive technology (ART) nationwide. The move comes in the wake of a recent Alabama Supreme Court decision that placed essential reproductive health services at risk by classifying frozen embryos used during IVF as people.
Attorney General Kaul expressed concern over the necessity of such legislation, stating, "It’s stunning that legislation like this has become necessary." He emphasized the importance of taking action in response to the Alabama decision, highlighting the potential threats to reproductive freedom.
The recent Alabama Supreme Court ruling has raised significant concerns about the future of ART services in the state and across the country. The decision categorized embryos as "extrauterine children," posing a threat to the practice of IVF in Alabama and leading clinics to suspend their services, affecting patients undergoing treatment.
In a letter addressed to Congressional leaders, Attorney General Kaul and the coalition of attorneys general urged for federal protections, such as the Access to Family Building Act, to expand access to ART and safeguard patients' rights to make their own reproductive health care choices. The Act aims to make ART services more accessible by ensuring patients the right to ART without unreasonable limitations, encouraging insurance coverage, and empowering patients to make informed decisions about their reproductive genetic materials.
The high cost of ART services, with an average of $20,000 per cycle for procedures like IVF, coupled with limited insurance coverage, has created barriers for many individuals and families. The coalition of attorneys general stressed the importance of removing these obstacles to ensure that all families, including same-sex couples, single parents, and individuals facing infertility, have access to essential reproductive health services.
Attorney General Kaul was joined by attorneys general from various states in sending the letter to Congress, emphasizing the importance of protecting ART services for families nationwide. The coalition includes representatives from Arizona, California, Colorado, Connecticut, Delaware, Hawai'i, Illinois, Maine, Massachusetts, Maryland, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, and the District of Columbia.