Right to IVF Act of 2026
Latest action (23 Jul 2026): Introduced
What this bill does
Senate Bill S. 5108, the "Right to IVF Act of 2026," aims to protect and expand access to assisted reproductive technology (ART), including in vitro fertilization (IVF) and intrauterine insemination (IUI). The bill's core provision, "Protect IVF," would establish a federal statutory right for individuals to receive ART/IUI, for providers to offer these services, and for insurers and manufacturers to cover and supply related products. It would preempt state laws deemed inconsistent with these rights—such as restrictions on embryo storage, egg retrieval limits, or requirements not aligned with medical society guidelines—while preserving FDA and HIPAA authority. The bill also creates enforcement mechanisms, including lawsuits by the U.S. Attorney General, private individuals, and providers, with courts able to award injunctive relief and attorney's fees to prevailing plaintiffs.
Additional titles would extend ART/IUI benefits to military service members and veterans (including spouses, partners, and surrogates) through Defense Department and VA health programs, require state Medicaid programs and Medicare to cover these services, and mandate that Federal Employees Health Benefits plans include ART/IUI coverage.
The bill affects patients seeking fertility treatment, health care providers, insurers, drug/device manufacturers, state governments, military members, veterans, and federal health program beneficiaries.
Introduced by Sen. Tammy Duckworth (D-IL) with numerous Democratic cosponsors on July 23, 2026, the bill has been referred to the Senate Committee on Health, Education, Labor, and Pensions. It would need committee approval, a Senate floor vote, House passage, and presidential signature to become law.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
This bill is in the first stage of the legislative process. It was introduced into Congress on July 23, 2026. It will typically be considered by committee next before it is possibly sent on to the House or Senate as a whole.
Common questions
- What does S. 5108 do?
- Senate Bill S. 5108, the "Right to IVF Act of 2026," aims to protect and expand access to assisted reproductive technology (ART), including in vitro fertilization (IVF) and intrauterine insemination (IUI). The bill's core provision, "Protect IVF," would establish a federal statutory right for individuals to receive ART/IUI, for providers to offer these services, and for insurers and manufacturers to cover and supply related products. It would preempt state laws deemed inconsistent with these rights—such as restrictions on embryo storage, egg retrieval limits, or requirements not aligned with medical society guidelines—while preserving FDA and HIPAA authority. The bill also creates enforcement mechanisms, including lawsuits by the U.S. Attorney General, private individuals, and providers, with courts able to award injunctive relief and attorney's fees to prevailing plaintiffs. Additional titles would extend ART/IUI benefits to military service members and veterans (including spouses, partners, and surrogates) through Defense Department and VA health programs, require state Medicaid programs and Medicare to cover these services, and mandate that Federal Employees Health Benefits plans include ART/IUI coverage. The bill affects patients seeking fertility treatment, health care providers, insurers, drug/device manufacturers, state governments, military members, veterans, and federal health program beneficiaries. Introduced by Sen. Tammy Duckworth (D-IL) with numerous Democratic cosponsors on July 23, 2026, the bill has been referred to the Senate Committee on Health, Education, Labor, and Pensions. It would need committee approval, a Senate floor vote, House passage, and presidential signature to become law.
- Has S. 5108 become law?
- Not yet. As of 23 Jul 2026, S. 5108 is introduced.
- Who sponsored S. 5108?
- S. 5108 was sponsored by Sen. Tammy Duckworth [D-IL] (Democrat-IL), with 46 cosponsors.
- What's the latest action on S. 5108?
- Introduced (23 Jul 2026).
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