Senator Patty Murray (WA) and Representative Rick Larsen (WA) introduced the Veteran Families Health Services Act of 2023 (the “Act”) to the United States Senate and House of Representatives on September 14, 2023, respectively.
The Act intends to reform federal law to improve the reproductive assistance provided by the Department of Defense and the Department of Veterans Affairs to members of the Armed Forces, veterans, and their spouses or partners.
In this issue of KingSpry’s heARTbeat blog, Adoption and ART Practice Chair Dorota Gasienica-Kozak, Esq., reviews the proposed Veteran Families Health Services Act (S.2801/H.R.5492) and details how it will expand access to care for service members, veterans, and their families.
A Need for Reform
Currently, the Department of Veteran Affairs and the Department of Defense offer some forms of fertility treatment and counseling for service members and veterans. However, these services are limited and difficult to access. The Act was proposed to increase and improve the reproductive assistance provided by the Departments.
“We must do everything we can to make sure our Veterans receive the care and benefits they have earned, and that includes helping them fulfill their dreams of having a family.” Said Senator Duckworth.
Reproductive and Fertility Preservation
The Act will require the Secretary of Defense to provide fertility treatment and counseling, including the use of assisted reproductive technology (ART), to covered members of the Armed Forces, as well as their spouse, partner, or gestational surrogate of such members.
The Secretary will also be tasked with establishing procedures for the retrieval of reproductive genetic material from a member of the Armed Forces in cases in which their fertility may be jeopardized.
Members of the Armed Forces will also be given the opportunity to cryopreserve and store their reproductive genetic material prior to deployment to a combat zone or a hazardous assignment. Such cryopreservation and storage will be at no cost to the member, until the date that is one (1) year after their retirement, separation, or release from the Armed Forces.
“Injuries incurred in the line of duty leave American servicemembers and veterans without the ability to conceive naturally, it’s obvious that we should be doing everything we can to provide the support and the options they need to build their families—whether that’s IVF, adoption assistance, or other fertility treatments.” Said Senator Murray.
Adoption Assistance
The Act will also amend federal law to offer adoption assistance to veterans.
Definitions
“Covered member” refers to a member of the Armed Forces who has an infertility condition, unless the member was completely infertile before service on active duty in the Armed Forces.
“Armed Forces” includes the Army, Navy, Air Force, Marine Corps, and Coast Guard, as defined by Title 10 U.S.C. § 1034.
“Active duty” refers to full-time duty in the active military service of the United States, as defined by Title 10 U.S.C § 101(d)(1). “Active duty” includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned.
“Partner” refers to an individual selected by the covered member who agrees to share with the member the parental responsibilities with respect to any child born as a result of the use of any fertility treatment under the Act.
Support of ART Community
RESOLVE: The National Infertility Association supports the proposed Act. Barbara Collura, President and CEO of RESOLVE said, “our veterans and servicemembers deserve access to the most comprehensive family building care possible.”
What Does the Future Hold?
Should the Act be passed by Congress, the Secretary of Veterans Affairs will be required to effectuate the Act’s provisions within two (2) years.
Individuals interested in supporting the Act should contact their state and local representatives for more information.
If you have questions regarding ART, KingSpry’s ART Law Group Chair, Ms. Dorota Gasienica-Kozak, Esq., is prepared to assist you. Ms. Gasienica-Kozak is a fellow of the Academy of Adoption and Assisted Reproduction Attorneys (AAAA), a member of the American Society of Reproductive Medicine (ASRM), a member of SEEDS, a promoter for RESOLVE: The National Infertility Association, and a committee member of the American Bar Association’s Family and ART Law sections.
