DOVER- Noting the alarming threats to reproductive healthcare across the nation, lawmakers filed new legislation Wednesday that would safeguard access to fertility treatments in Delaware.
Sponsored by Representative Kendra Johnson, House Speaker Valerie Longhurst, and Senator Nicole Poore, House Bill 374 would codify legal protections for fertility treatment providers, ensuring residents have continued access to in-vitro fertilization (IVF) and other assisted reproductive treatments.
“Without access to IVF, my two beautiful children would not be here today, so I know firsthand the immeasurable joy that these treatments bring to those who dream of starting or growing their families,” said Rep. Kendra Johnson.
“The very personal decision to begin fertility treatments belongs in the hands of families and their doctors, not the government. This legislation will ensure that providers and hopeful parents are not punished simply for seeking to fulfill their dreams of parenthood.”
After the Supreme Court’s 2022 Dobbs v. Jackson Women’s Health Organization decision, more than a dozen states passed or attempted to pass fetal personhood bills.
These personhood bills, which give fetuses, and in some cases embryos, the legal rights of a person, could make common fertility treatments like IVF inaccessible or even illegal by putting medical professionals at risk of legal action.
“Every family is a blessing and no one should ever be judged based on how they choose to grow their family, regardless of whether that involves safe and proven healthcare interventions,” said Sen. Nicole Poore, Senate Prime sponsor of HB 374.
“HB 374 will help protect access to fertility treatments, safeguard reproductive healthcare providers, and ensure that Delaware never becomes subject to absurd legal interpretations that threaten the ability of parents to seek help from a healthcare professional to expand their family,” she said.
“This bill is very personal to me. As a mom who experienced infertility, I would have done anything to grow my family. It is imperative that Delawareans who find themselves in the same position have options. I want to thank Rep. Johnson for introducing this legislation and I look forward to sending this bill to the Governor this year.”
HB 374 builds on HB 455 from the 151st General Assembly and would provide the same legal protections afforded to providers of contraceptive and abortion services to providers of fertility treatments. These legal protections include:
- Protects medical privacy. HB 374 would protect communications and records concerning fertility services by prohibiting healthcare providers from disclosing those records without the patient’s authorization in any civil action or proceeding, with some exceptions,
- Provides a cause of action. HB 374 would provide a cause of action where someone sued in another state for allegedly receiving or providing fertility treatment services that are legal in Delaware can recover related costs, damages, or attorney fees.
- Protects professional licensees. The bill clarifies that medical professionals who perform, recommend, or provide legal fertility treatment care in Delaware are not subject to other states’ fertility treatment provider regulations.
- Binds insurance companies. The legislation would also prohibit insurers from increasing premiums or taking adverse actions against providers and organizations for providing legal fertility treatment and services.
“Delaware has long been at the forefront of recognizing the importance of reproductive healthcare. Several years ago, we passed legislation mandating health insurance coverage for IVF and fertility preservation measures and we have consistently championed policies that support all families on their journey to parenthood,” said House Speaker Valerie Longhurst.
“At a time when the future of fertility treatments is so uncertain across the country, I commend Rep. Johnson for bringing this measure forward. HB 374 is an important step in ensuring that Delawareans can continue to access the reproductive care they need without fear or barriers.”
HB 374 has been assigned to the House Judiciary Committee.
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