PlainBillCongress, translated.Legislation. Context. Public interest.Referred to the House Committee on Energy and Commerce.
Congressional Research Service
Version 00 · Introduced in House · Mar 11, 2025
Access to Family Building Act
This bill provides a statutory right to access assisted reproductive technology (e.g., in vitro fertilization).
Specifically, under the bill, individuals have the right to access assisted reproductive technology, and to retain all rights with respect to the use or disposition of reproductive genetic materials (e.g., eggs or sperm), without prohibitions or unreasonable restrictions. Health care providers and insurers also have the right to provide and cover these services, respectively.
The bill does not affect state or local health and safety regulations that achieve their purpose in the least restrictive manner possible.
The Department of Justice may bring civil actions against states, localities, or government officials or entities that enact or enforce limitations or requirements that violate this bill. Individuals and health care providers who are affected by violations may also bring civil actions for relief.
People & committees
Rep. Gillen, Laura [D-NY-4] · D–NY
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
Referred to the House Committee on Energy and Commerce.
Introduced in House
Introduced in House
Primary sources
Text links open the official source. We also preserved the text version used in the PlainBill explanation below.
No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Oct 14, 2026. Consult Congress.gov for the current record.
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PlainBill explanation
Based on the full Introduced in House · 2025-03-11 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
The proposed Access to Family Building Act would create federal rights for people to access fertility treatment using assisted reproductive technology, continue or complete ongoing treatment under a written provider plan or agreement, and retain rights over their reproductive genetic materials. It would also protect providers’ ability to offer treatment and information, and insurers’ ability to cover treatment. It would allow lawsuits to enforce these rights while preserving state and local health and safety rules that meet specified conditions.
This Act may be cited as the Access to Family Building Act.
The term patient means any individual who receives or seeks to receive assisted reproductive technology services and evidence-based information, counseling, referrals, or items and services that relate to, aid in, or provide fertility treatment.
(A) access assisted reproductive technology; (B) continue or complete an ongoing assisted reproductive technology treatment or procedure pursuant to a written plan or agreement with a health care provider; and (C) retain all rights regarding the use or disposition of reproductive genetic materials, including gametes, subject to subsection (c).
(2) Health care provider rights A health care provider has a statutory right under this Act to— (A) perform or assist with the performance of assisted reproductive technology treatments or procedures; and (B) provide or assist with the provision of evidence-based information related to assisted reproductive technology. (3) Insurance provider rights A health insurance provider has a statutory right under this Act to cover assisted reproductive technology treatments or procedures.
Any individual or entity adversely affected by an alleged violation of subsection (a) may commence a civil action against any State or local government official that enacts, implements, or enforces a limitation or requirement that violates subsection (a).
Nothing in this Act shall be construed to prohibit enforcement of health and safety regulations a State or local municipality requires of medical facilities or providers, if such regulations— (1) advance the safety of health care services or the health of patients; and (2) that safety objective cannot be advanced by a less restrictive alternative measure or action.
The bill would use the definition of assisted reproductive technology from a separate 1992 law. It defines a patient as an individual who receives or seeks to receive assisted reproductive technology services and evidence-based information, counseling, referrals, or items and services that relate to, aid in, or provide fertility treatment.
(1) Assisted reproductive technology The term assisted reproductive technology has the meaning given such term in section 8 of the Fertility Clinic Success Rate and Certification Act of 1992 (42 U.S.C. 263a–7(1)).
(3) Patient The term patient means any individual who receives or seeks to receive assisted reproductive technology services and evidence-based information, counseling, referrals, or items and services that relate to, aid in, or provide fertility treatment.
Covered health care providers would include entities and individuals delivering or seeking to deliver assisted reproductive technology, including through related evidence-based information, counseling, referrals, items, or services. Where state authorization is required, they must have it or would have it except for their past, present, or potential provision of assisted reproductive technology consistent with section 4.
The term health care provider means any entity or individual (including any physician, nurse practitioner, physician assistant, pharmacist, health care support personnel, and any other individual, as determined by the Secretary of Health and Human Services) that— (A) is engaged or seeks to engage in the delivery of assisted reproductive technology, including through the provision of evidence-based information, counseling, referrals, or items and services that relate to, aid in, or provide fertility treatment; and (B) if required by State law to be licensed, certified, or otherwise authorized to engage in the delivery of such services— (i) is so licensed, certified, or otherwise authorized; or (ii) would be so licensed, certified, or otherwise authorized but for the individual's or entity's past, present, or potential provision of assisted reproductive technology in accordance with section 4.
References to a State would include all 50 states, the District of Columbia, Puerto Rico, U.S. territories and possessions, and their political subdivisions.
(4) State The term State includes each of the 50 States, the District of Columbia, Puerto Rico, each territory and possession of the United States, and any political subdivision thereof.
The findings assert congressional authority under the Constitution’s commerce, Fourteenth Amendment enforcement, and necessary-and-proper powers. The stated purpose is to protect fertility services from requirements that are more burdensome than those for medically comparable procedures, do not significantly advance reproductive health or service safety, or unduly restrict access. These are legislative assertions and goals.
Congress has the authority to enact this Act to protect access to fertility treatments pursuant to— (A) its powers under the Commerce Clause of section 8 of article I of the Constitution of the United States; (B) its powers under section 5 of the Fourteenth Amendment to the Constitution of the United States to enforce the provisions of section 1 of the Fourteenth Amendment; and (C) its powers under the necessary and proper clause of section 8 of article I of the Constitution of the United States.
It is the purpose of this Act to permit health care providers to provide, and for patients to receive, assisted reproductive technology services without limitations or requirements that— (1) are more burdensome than limitations or requirements imposed on medically comparable procedures; (2) do not significantly advance reproductive health or the safety of such services; or (3) unduly restrict access to such services.
Individuals would have rights to access assisted reproductive technology and continue or complete ongoing treatment under a written provider plan or agreement, without prohibition or unreasonable limits or interference. The text expressly refers to financial cost or detriment to the individual’s health, including mental health, in describing these protections.
An individual has a statutory right under this Act, including without prohibition or unreasonable limitation or interference (such as due to financial cost or detriment to the individual’s health, including mental health), to— (A) access assisted reproductive technology; (B) continue or complete an ongoing assisted reproductive technology treatment or procedure pursuant to a written plan or agreement with a health care provider;
Individuals would retain all rights over the use or disposition of reproductive genetic materials, including gametes, subject to the bill’s provision preserving qualifying state and local health and safety regulations.
(C) retain all rights regarding the use or disposition of reproductive genetic materials, including gametes, subject to subsection (c).
(c) State regulation of medicine Nothing in this Act shall be construed to prohibit enforcement of health and safety regulations a State or local municipality requires of medical facilities or providers, if such regulations— (1) advance the safety of health care services or the health of patients; and (2) that safety objective cannot be advanced by a less restrictive alternative measure or action.
Health care providers would have rights to perform or help perform assisted reproductive technology treatments and procedures, and to provide or help provide related evidence-based information.
(2) Health care provider rights A health care provider has a statutory right under this Act to— (A) perform or assist with the performance of assisted reproductive technology treatments or procedures; and (B) provide or assist with the provision of evidence-based information related to assisted reproductive technology.
Health insurers would have a right to cover these treatments; that provision does not require them to provide coverage. The bill also expressly preserves state laws concerning insurance coverage of assisted reproductive technologies and treatments.
(3) Insurance provider rights A health insurance provider has a statutory right under this Act to cover assisted reproductive technology treatments or procedures.
(d) Insurance Nothing in this Act shall be construed to modify, supersede, or otherwise affect any State law regarding insurance coverage of assisted reproductive technologies and treatments.
The U.S. Attorney General could sue states, municipalities, government officials, individuals, or entities that enact, implement, or enforce limitations or requirements that prohibit, unreasonably limit, or interfere with the protected rights. A court would have to declare unlawful and set aside a limitation or requirement found to violate those rights.
The Attorney General may commence a civil action on behalf of the United States against any State, local municipality, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that prohibits, unreasonably limits, or interferes with subsection (a). The court shall hold unlawful and set aside the limitation or requirement if it is in violation of subsection (a).
An adversely affected person or entity could sue state or local government officials responsible for a limitation or requirement alleged to violate the protected rights. If a violation were established, the court would have to declare the limitation or requirement unlawful and order that it be stopped.
Any individual or entity adversely affected by an alleged violation of subsection (a) may commence a civil action against any State or local government official that enacts, implements, or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful and enjoin the limitation or requirement if it is in violation of subsection (a).
A health care provider could bring a case for itself, its staff, or patients who are or may be adversely affected by an alleged violation.
A health care provider may commence an action for relief on its own behalf, on behalf of the provider’s staff, or on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of subsection (a).
Courts could grant appropriate equitable relief, including temporary, preliminary, or permanent injunctions.
In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief.
Courts would have to award litigation costs and reasonable attorney’s fees to successful plaintiffs. Plaintiffs bringing non-frivolous cases would not have to pay defendants’ costs or attorney’s fees under this section.
In any action under this section, the court shall award costs of litigation, as well as reasonable attorney’s fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney’s fees in any non-frivolous action under this section.
Federal district courts would have authority to hear these cases even if the affected party had not first completed other available administrative or legal remedies.
The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law.
Any party could transfer an action under the enforcement subsection from state court to the federal district court covering that location. An order returning the case to state court could be reviewed immediately.
Any party shall have a right to remove an action brought under this subsection to the district court of the United States for the district and division embracing the place where such action is pending. An order remanding the case to the State court from which it was removed under this paragraph is immediately reviewable by appeal or otherwise.
State and local health and safety regulations for medical facilities or providers could still be enforced if they advance service safety or patient health and their safety objective cannot be achieved through a less restrictive alternative.
Nothing in this Act shall be construed to prohibit enforcement of health and safety regulations a State or local municipality requires of medical facilities or providers, if such regulations— (1) advance the safety of health care services or the health of patients; and (2) that safety objective cannot be advanced by a less restrictive alternative measure or action.
The Secretary of Health and Human Services would have to issue regulations implementing section 4 within one year after enactment.
Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations to carry out this section.
The bill would override conflicting federal and state laws and their implementation, including laws adopted before or after enactment. It expressly states that this rule applies despite other federal laws, including the Religious Freedom Restoration Act of 1993.
This Act supersedes and applies to the law of the Federal Government and each State government, and the implementation of such law, whether statutory, common law, or otherwise, and whether adopted before or after the date of enactment of this Act, and neither the Federal Government nor any State government shall administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act, notwithstanding any other provision of Federal law, including the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.).
A later federal statute would remain subject to this bill unless it expressly excluded its application by referring to this Act.
Federal statutory law adopted after the date of the enactment of this Act is subject to this Act unless such law explicitly excludes such application by reference to this Act.
A person or entity facing a legal action could invoke the Act as a defense if subject to a limitation or requirement that violates it, in addition to using the enforcement remedies in section 4.
In any cause of action against an individual or entity who is subject to a limitation or requirement that violates this Act, in addition to the remedies specified in section 4(b), this Act shall also apply to, and may be raised as a defense by, such an individual or entity.
If a provision or its application were held unconstitutional, the bill directs that the remaining provisions and other applications remain unaffected.
If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances shall not be affected thereby.
The supplied official-actions snapshot, updated October 14, 2026, records introduction in the House and referral to the House Committee on Energy and Commerce on March 11, 2025.
Source snapshot updated 2026-10-14T16:32:00Z. 2025-03-11: Referred to the House Committee on Energy and Commerce. 2025-03-11: Introduced in House
A closer look
Reviewed version: Introduced in House · 2025-03-11. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No unrelated provision or policy change attached to appropriations was identified after reviewing the complete supplied introduced text. This conclusion is limited to that version and does not establish the contents or attachment history of other versions or accompanying materials.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
None identified in the reviewed text
No congressionally directed spending for particular recipients or places was identified after reviewing the complete supplied introduced text. This conclusion is limited to that version and does not establish absence in other versions or accompanying materials. Member requests, earmark disclosures, committee reports, and conference materials were not supplied.
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
None identified in the reviewed text
No materially narrow carve-out, special exemption, preferential treatment, or exception warranting a finding was identified after reviewing the complete supplied introduced text. General rights, intended beneficiary coverage, and routine enforcement remedies alone do not qualify. This conclusion is limited to that version and does not establish absence in other versions or accompanying materials.
Full text preserved for this analysis. Legislative record snapshot: Oct 14, 2026. How PlainBill uses AI