Navigating the IVF regulatory landscape

Q&A with Kindbody Reproductive Endocrinologist and Infertility Specialist

Dec 12, 2024

If you haven’t seen Joy—the new Netflix movie on the “birth of IVF”—you may not know the origins of assisted reproductive technology (ART) and, more specifically, in vitro fertilization (IVF).

This innovative technology was developed in the ’60s and ’70s but didn’t officially come to market until the early ’80s, with the first birth by IVF occurring in 1981. Since then, the industry has exploded.

Over eight million babies have now been conceived by IVF, and it’s estimated that 2% of all babies born in the U.S. are conceived through this method.

This is remarkable.

Unfortunately, the regulatory landscape surrounding IVF is still considered the “wild, wild west” by many healthcare providers. Overseen by the FDA, regulation of IVF focuses primarily on the safety of laboratory procedures and the prevention of disease transmission. However, there is no comprehensive federal framework governing the ethical, legal, or practical aspects of IVF treatment. This means IVF clinics follow different standards in each state, which can lead to confusion, unequal access, and inconsistent patient outcomes.

Patients are then forced to navigate a complex and fragmented system of varying clinic protocols, unclear legal protections, and a lack of uniform insurance coverage for treatments that can cost tens of thousands of dollars — all while battling the emotional and stressful roller-coaster of infertility.

Unlike other areas of medicine, key ethical and legal questions—such as embryo storage, genetic testing, and what happens to unused embryos—are largely left to individual states or even clinics to decide. This fragmented approach often leaves patients and providers in murky legal territory. For example, debates around when life begins or the rights of embryos can significantly influence how IVF is practiced, especially in states with strict anti-abortion laws.

Some states are working hard to protect and ensure access to IVF services. In California, for example, the governor signed a new bill requiring fully insured large-group health plans to cover infertility treatment and in-vitro fertilization (IVF).

In other states, laws are disrupting IVF access. In Alabama, for example, embryos created through IVF are now considered children. As a result of this ruling, many IVF clinics are halting their services for fear of legal repercussions if embryos are lost or discarded during the treatment process.

The regulatory landscape of IVF reveals a delicate balance between innovation and legislation, raising critical questions about the future of reproductive technology in the U.S.

In today’s Q&A, I talk to a reproductive endocrinologist and infertility specialist about IVF and the regulatory landscape surrounding this innovative technology — and offer some hope to those undergoing infertility struggles.

Please note: this interview was conducted before the election results (and therefore doesn’t cover the impact the new administration will have on IVF).

Q: Can you tell me what got you into this work and what your day-to-day with Kindbody looks like?

My decision to become an endocrinologist was profoundly influenced by my personal journey with fertility. At the age of 14, my mother noticed that I hadn’t started my period and took me to see a doctor for evaluation. Initially, I was misdiagnosed with an eating disorder, which I knew was incorrect. Over the following months, we consulted several specialists: a primary care physician, an OB-GYN, and ultimately, a reproductive endocrinologist. It was during that visit that I received a diagnosis of polycystic ovary syndrome (PCOS) and learned that I would require fertility assistance—information that was both eye-opening and reassuring, as it highlighted the commonality of my condition.

This experience sparked a deep interest in the emotional toll that fertility challenges have on women, motivating me to pursue a career dedicated to improving care for others facing similar struggles. At Kindbody, this mission shapes my daily work as I support patients navigating their own unique fertility journeys. I’m committed to improving the industry as a whole, whether by advocating for empathetic, comprehensive care or by helping our team design services that meet patients where they are emotionally and medically. Together, we’re transforming reproductive healthcare to ensure that everyone receives the compassionate support they deserve.

Q: Every day, you’re helping individuals tackle infertility challenges. What’s that experience like and what does it mean to you?

Every day, I have the privilege of helping individuals tackle infertility challenges, and this work is deeply meaningful to me. My personal journey has shaped my commitment to supporting others as they navigate similar struggles. I strive to offer the guidance, empathy, and understanding that I once needed, helping my patients through the hurdles and complexities of their fertility journeys.

In my daily practice at Kindbody, I emphasize to my patients—especially those who may have been misdiagnosed or received a late diagnosis of PCOS or other fertility-impacting conditions—that these experiences can vary widely. There is no one-size-fits-all approach; every individual’s journey is unique, and so is their care. I’m dedicated to creating an environment where they feel seen and supported, breaking down misconceptions about infertility and PCOS, and offering them the resources they need to make empowered decisions about their reproductive health.

Q: We’ve witnessed so many technological advancements around IVF and assisted reproductive technology, but the regulatory landscape seems to be lagging far behind. Why do you think that is? Why is this so problematic?

We’ve seen remarkable advancements in IVF and assisted reproductive technology, yet the regulatory landscape lags significantly behind. This gap creates serious obstacles for patients. Infertility affects one in six people globally—more than cancer or diabetes—meaning that millions rely on services like IVF to build their families. However, access to high-quality fertility care remains out of reach for many, often due to financial and geographical barriers.

The politicization of fertility care has compounded these challenges, making it even harder for people to access the support they need. The impact extends beyond those facing infertility; access to IVF is crucial for individuals with genetic conditions looking to prevent transmission, people who want to preserve their fertility for future use, LGBTQ+ patients, and those who require surrogacy due to an inability to carry a pregnancy. Addressing these issues requires not only medical innovation but also a regulatory environment that supports equitable access to fertility care for all who need it.

Q: The Right to IVF Act, which would have helped eliminate barriers to treatment and provide more accessible services to families, recently failed to pass the Senate. Can you talk about what this means for the IVF community?

The changing regulatory landscape has understandably invoked fear and anxiety in fertility patients. As a reproductive medicine specialist, I am deeply aware of the emotional and financial burdens that infertility imposes on individuals and couples. Recognizing the urgency of this issue, Kindbody has released a report titled State of Women and Fertility Healthcare, which highlights the critical role of healthcare access in shaping voter priorities.

The findings reveal that reproductive healthcare has emerged as a significant election issue, with women across the political spectrum expressing strong support for IVF access. Notably, 92% of respondents consider this a major or top priority, and 75% indicate that a candidate's position on the matter will influence their vote.

Additionally, the report underscores the impact of reproductive healthcare policies on employment decisions: 41% of respondents would contemplate switching jobs for a company that offers travel benefits for fertility care. The emotional toll of ongoing debates around reproductive healthcare is also evident, as 43% of respondents report feeling anxiety or stress in response to news about changing legislation. This underscores the urgent need for policymakers to prioritize access to fertility treatments and support for those affected by infertility.

These findings reveal how access to healthcare has become a decisive issue for voters, highlighting the profound impact on women’s lives across nearly every dimension. We hope this report sparks an open dialogue about the essential need for family-building services like IVF, ultimately helping to ensure these vital options remain accessible for those who need them most.

Q: IVF is often promoted as a “solution” for those experiencing infertility, but in reality it doesn’t always work. How can we better support individuals embarking on an IVF journey which can be costly, emotional, and time-consuming?

To truly support individuals embarking on this path, we at Kindbody focus on a holistic approach to guide women and couples through their unique fertility journeys. This includes offering comprehensive counseling, financial guidance, community support, and flexible treatment options—all anchored in education and transparent information.

We’re also committed to advocating for policies that expand access to fertility treatments, including employer coverage for IVF and related services, which can be life-changing for those facing infertility. By addressing these critical areas, we aim to create a more supportive and empowering environment for everyone navigating the IVF journey, helping them face the challenges with greater resilience and hope.

Q: What would you say to the individuals going through IVF?

To anyone going through IVF, I’d say this: I know this isn’t an easy place to be, and I understand that it’s often uncomfortable to talk about. But know that I’m here as your problem solver, and together, we’re going to figure it out. One of the most valuable pieces of advice I can offer is to find a doctor who matches your style of learning and communication. Fertility care is deeply personal, and this journey will impact you for the rest of your life, so it’s essential to build a healthcare team that genuinely supports you, understands your needs, and empowers you through each step. You deserve a compassionate and supportive partner in this process.

Q: For those wanting to advocate for IVF rights, what would you recommend?

For those looking to advocate for IVF rights, I recommend connecting with organizations like RESOLVE: The National Infertility Association, a patient advocacy group that tracks fertility-related legislation across all 50 states. Their website provides tools, active legislation maps, and resources to help you get involved in advocating for accessible, safe, and legal reproductive healthcare nationwide.

Voting is one of the most powerful ways to influence policy and keep reproductive healthcare doors open, so encourage your team to head to the polls. Legislation around reproductive healthcare can change quickly, so staying informed—especially in the days leading up to and following elections—is key to making empowered healthcare decisions. With consistent advocacy, we can protect and expand access to vital fertility services.

Q: How does Kindbody support individuals battling infertility?

At Kindbody, we believe every person should have the agency and the ability to access advanced reproductive technologies like IVF if they want or need them. Kindbody supports individuals battling infertility through a range of services designed to make fertility and family-building care more accessible and affordable for people who wish to become parents. Kindbody provides the full spectrum of reproductive health including fertility preservation like egg, embryo and sperm freezing; genetic testing, and in vitro fertilization (IVF). Kindbody is also a family-building benefits provider for employers. As a national network, we have the ability to support patients regardless of where they live in the U.S.

We know that women from all states – red, blue, and beyond – feel strongly about IVF access, which is why we are ready to assist all patients with the transport of tissue (embryos, eggs, or semen) between clinics and states if needed. For example, when Alabama passed a fetal personhood law, Kindbody reached out to all Alabama patients to provide information, offer this service, and help guide their next steps.

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Beyond

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