The Protect IVF Act establishes federal protections for people seeking fertility treatments and the healthcare providers who offer them. The bill creates a statutory right for individuals to receive fertility treatments—including IVF, egg freezing, sperm retrieval, genetic testing of embryos, and related medications—without state laws blocking or unnecessarily restricting access. Healthcare providers gain the right to offer these services according to medical standards set by the American Society for Reproductive Medicine, and insurance companies can choose to cover fertility treatments. The bill also protects drug and device manufacturers from state restrictions on products used in fertility care.

The core issue this bill addresses is state-level restrictions on fertility treatments. Some states have passed laws that limit access to IVF or impose requirements that healthcare providers say go against standard medical practice. This bill uses federal authority over interstate commerce to override those state restrictions, saying that any state law that interferes with fertility treatment rights—whether by requiring unnecessary procedures, limiting telemedicine options, restricting medication access, or preventing certain fertility procedures—violates federal law. The bill does allow states to enforce general health and safety regulations for medical facilities, as long as those regulations follow evidence-based medical standards.

If states violate these rights, the bill creates multiple ways to challenge them in court. The U.S. Attorney General can sue on behalf of the federal government, patients and healthcare providers can file lawsuits, and courts can block state laws and award attorney's fees to winners. This makes it expensive and risky for states to enforce fertility restrictions.