Counseling Patients on Access to IVF
A Guide to Patient-Centered, Evidence-Based Conversations
ACOG has long cautioned that laws that confer personhood on a fertilized egg would lead to restrictions on access to critical health care, including abortion, contraception, cancer care, and IVF. In early 2024, those restrictions came to pass when people in Alabama temporarily lost access to IVF because of a court decision related to the state’s personhood law that exposed IVF providers and clinical staff to legal jeopardy, rendering them unable to confidently deliver care to patients.
With abortion restrictions and personhood laws a continued area of legislative focus in some states, patients may remain concerned that they will lose access to the IVF care they may need to build and grow their families. ACOG members can help their patients by explaining the current status of IVF access in their community and empower them by sharing how they can help to preserve access in the future.
Ob-gyns should be familiar with the laws in their state related to the availability of IVF. Below are counseling considerations for ob-gyns whose patients have questions about IVF:
- IVF is widely considered one of the most significant medical advances of the last century and has made it possible for countless patients to grow or build their families. Currently, more than 2.5% of all births in the United States result from successful IVF) and other assisted reproductive technology procedures.
- Although many states currently have personhood laws in effect, as of the date of publication of this guide, none of those laws are being applied to restrict access to IVF. It is unknown whether that will continue into the future.
- Many other states, recognizing the value of IVF to help build families, have passed legislation that affirms access to IVF through mandatory insurance coverage.
- In 2024, the U.S. Congress failed to pass federal legislation that would have protected access to IVF at the national level. The Senate tried to pass legislation twice and both votes failed.
People who are anxious and concerned about the future of IVF access should be assured that ACOG, of which you are a member, is working hard to oppose restrictions and bans on reproductive health care, including the personhood measures that could lead to compromised access to fertility care. Consider empowering them by encouraging them to contact their elected officials to urge them to vote in support of legislation to expand insurance coverage to IVF and other fertility treatments throughout the United States and make sure that they are registered to vote in the next election.
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