New bill to make IVF a federal right would boost largely unaccountable fertility industry

Senators Tammy Duckworth, Patty Murray, and Susan Wild are again attempting to make in-vitro fertilization (IVF) a federal right, claiming legislation is needed to protect it with the fall of Roe v. Wade.

In a press release, Duckworth announced the Access to Family Building Act, based on a failed previous attempt from last year.

“Since the Supreme Court threw out Roe v. Wade, our nation has seen a wave of Republican-led states not only enacting strict abortion bans that severely limit their residents’ right to access basic reproductive care—but also pushing proposals that would jeopardize access to IVF and other assisted reproductive technologies that millions of Americans need to start or grow their families,” Duckworth said.

READ: Actress Shannen Doherty said she believed undergoing IVF led to her breast cancer

“Without the miracle of IVF, I wouldn’t have my beautiful baby girls — and there are so many other people like me who have had trouble getting pregnant and relied on IVF to start the families of their dreams. As many hopeful parents continue to be understandably worried about their access to IVF amid Republicans’ escalating attacks on reproductive healthcare, I’m proud to introduce the Access to Family Building Act to establish a statutory right to access IVF and other ART for every American—no matter what state they live in.”

The legislation came under serious criticism when it was introduced last year, with critics pointing out that the regulations in the fertility industry — which is already shockingly underregulated — would essentially be erased.

“[T]he bill would overrule state laws that regulate or protect embryos used in IVF and commercial surrogacy,” Emma Waters, a research associate with the DeVos Center for Life, Religion, and Family at the Heritage Foundation, wrote.

“As Duckworth argued, ‘The choice to build a family is a fundamental right for all Americans.’ But this is muddled thinking. There’s no such thing as a ‘fundamental right’ to a child per se, and it certainly can’t be invoked to trump the basic rights of others. A child, whose life begins at conception, is not a mere object to design, buy, or sell to fulfill an adult’s wishes,” she added.

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