At Thursday’s Stated Meeting of the New York City Council, Council Members Sandra Ung and Keith Powers introduced a resolution in support of legislation to protect access to fertility treatment, including IVF, that was introduced in both houses of the United States Congress earlier this year. 

Also known as the Access to Family Building Act, S.4445/H.R.9643 would provide a statutory right to access fertility treatments, including making decisions without limitations or interference regarding the use of their reproductive genetic materials, including embryos. 

Following a ruling by the Supreme Court of Alabama that found that frozen embryos qualify as unborn children, opening up fertility clinics to wrongful death lawsuits in the event of their destruction, many clinics paused assisted reproductive services. 

Embryos may be kept frozen by a fertility clinic for later use, eliminating the need for IVF patients to undergo future hormonal treatments. Already a costly procedure for individuals and couples, the Alabama ruling could drive the cost of IVF even higher due to increased liability costs. 

In the 2024 elections, New York voters passed Proposition 1, which enshrined in the New York State Constitution protections from discrimination against those receiving reproductive healthcare.  

“At a time when reproductive rights are under attack across the nation, it is more important than ever to take a stand for the right of individuals and families to access fertility treatments and make their own reproductive decisions,” said Councilmember Sandra Ung. “New Yorkers overwhelmingly supported adding protections for reproductive healthcare to our state constitution, and now it is critical that we do the same at the federal level. New York State leads the way in providing access to assisted reproductive technology, and the Access to Family Building Act would ensure that everyone has the ability to build a family on their own terms, free from discrimination or political interference. I am proud to partner with my colleague Councilmember Keith Powers in introducing this resolution and standing up for reproductive freedom, not just for New Yorkers but for all Americans.”

“Reproductive rights are facing threats from extremist policies all across the country,” said Council Member Keith Powers. “The choice of whether to have a child, and how to do so, should be up to prospective parents and their doctors, and no one else. That’s why New York enshrined protections for reproductive rights in our State Constitution. The Access to Family Building Act is an important step to ensure Americans have the right to make decisions about their fertility without interference: a right that must be made law by the federal government. I am proud to join my colleague Council Member Sandra Ung in calling for Congress to pass this crucial legislation.”

“Planned Parenthood of Greater New York supports the NYC Council’s Resolution calling upon the United States Congress to pass, and the President to sign, S.4445/H.R.9643, also known as the Right to IVF Act, which is legislation that would create a federal statutory right to access assisted reproductive technology,” said Dipal A. Shah, Executive Director of Planned Parenthood of Greater New York. “New York State laws protect the right to access reproductive care and services like IVF. Codifying these rights at the federal level is vital and would provide another layer of protection for all New Yorkers. With the upcoming Trump administration, it’s more important than ever to protect our reproductive freedoms and send a clear message that New York City is a beacon of healthcare for all. PPGNY applauds Council Member Ung and Council Member Powers for prioritizing sexual and reproductive health.”