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SB 793

Right to IVF.

2025-2026 Session Introduced by Woodson Bradley and 1 co-sponsor

Protects patient and provider access to assisted reproductive technology and clarifies embryos outside the uterus are not legal persons.

Passed 1st Reading
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Bill Summary · SB 793

Summary of SB 793 (Session 2025) – Right to IVF

Purpose and intent

SB 793 establishes a statutory framework to protect and facilitate access to assisted reproductive technology (ART) in North Carolina. The bill aims to ensure patient and provider rights related to ART and to clarify that fertilized human eggs or embryos outside the uterus are not considered persons under state law. It also allocates state funds to boost Medicaid maternal support services (Baby Love Program) through federal matching dollars.

Key provisions

Part I – Right to Access Assisted Reproductive Technology

  • New Article 1Q added to Chapter 90 (Definitions):
    • Definitions for:
    • Assisted reproductive technology (ART): Includes treatments involving handling of human oocytes or embryos (e.g., in vitro fertilization, gamete intrafallopian transfer, zygote intrafallopian transfer).
    • Health care provider: Broadly defined to include licensed or authorized individuals or facilities and their agents/employees, as well as officers and directors connected to licensed facilities.
      • Health care service: Any health procedure or service, including testing, diagnosis, treatment, or the dispensing of related medical goods.
  • § 90-21.201. Right to access ART:
    • Prohibits the State, including political subdivisions, from prohibiting, unreasonably limiting, or interfering with:
    • a patient’s right to access ART
    • a health care provider’s right to provide or assist with evidence-based information about ART
    • a health care provider’s right to perform or assist with ART
  • § 90-21.202. Fertilized egg/embryo not a human being:
    • A fertilized human egg or embryo outside the uterus shall not be considered an unborn fetus, unborn child, minor child, natural person, or any equivalent term connoting personhood under state law.
  • § 90-21.203. Construction:
    • No provision here is intended to override health and safety laws governing facilities and services.

Part II – Increase funding for Medicaid maternal support services (Baby Love Program)

  • Funding appropriation (Effective July 1, 2026):
    • General Fund appropriation to DHHS, Division of Health Benefits: $500,000 (recurring) beginning with FY 2026-2027.
    • Purpose: To increase funding for Medicaid maternal support services (Baby Love Program).
    • The $500,000 state match is intended to generate $900,000 in recurring federal funds for the 2026-2027 fiscal year, allocated to the Division of Health Benefits for the same purpose.

Part III – Effective date

  • The act becomes effective upon becoming law, with specified provisions taking effect on July 1, 2026 for the funding components.

Who is affected

  • Individuals seeking ART treatments and information: Protected rights to access ART and receive information.
  • Health care providers offering ART: Protected rights to provide ART and share evidence-based information.
  • State and local government: Restrictions on prohibiting or unreasonably limiting ART access and related activities.
  • Medicaid recipients and maternal support services: Increased funding for the Baby Love Program to support maternal care through Medicaid.

Procedural/Timeline notes

  • Funding changes are set to take effect July 1, 2026 (FY 2026-2027) with recurring federal matching funds.
  • The bill’s broader rights protections would take effect upon enactment.

Overall assessment

SB 793 focuses on protecting access to ART, clarifying that embryos are not legal persons under state law, and augmenting funding to support maternal health services via Medicaid. It aligns stakeholder rights with evidence-based ART practices and enhances financial support for maternal care programs through a federal match.

Compiled from official sources — confirm details with the bill’s official record.

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