On February 18, 2025, President Donald J. Trump issued an Executive Order, “Expanding Access to In Vitro Fertilization”, promising to support American families by ensuring reliable access to IVF treatment at an affordable cost.
In her latest blog, KingSpry’s Adoption and ART Practice Chair and Family Law Attorney, Dorota Gasienica-Kozak, Esq., reviews the Executive Order and offers commentary on its practical impact for families.
Purpose and Policy
Pursuant to the Executive Order, the Trump Administration “recognizes the importance of family formation” and suggests that Federal laws must make it easier for families to have children. Further acknowledging that in vitro fertilization (IVF) offers hope to families experiencing fertility challenges, the Executive Order emphasizes that families need (1) reliable access to IVF (2) at a more affordable treatment cost.
The Executive Order states that “it is the policy of [the Trump] Administration to ensure reliable access to IVF treatment, including by easing unnecessary statutory or regulatory burdens to make IVF treatment drastically more affordable.”
Lowering Costs and Reducing Barriers
To achieve the goals set forth in the Executive Order, on or before March 19, 2025, the Assistant to the President for Domestic Policy was required to submit a list of policy recommendations on (1) “protecting IVF access” and (2) ”aggressively reducing out-of-pocket and health plan costs for IVF treatment” to the President. It is unclear whether said policy recommendations have been submitted to the President at this time.
RESOLVE’s Position
On February 20, 2025, RESOLVE: The National Infertility Association issued an update, addressing its analysis of the Executive Order. While recognizing that the Executive Order “sets an intention that something is a priority for the [Trump Administration],” RESOLVE also acknowledges that the Executive Order “itself does not fulfill the campaign promise of making IVF free.”
Key Takeaways for Families
While the Executive Order does not require change or establish any mandates, it does suggest that the Trump Administration intends to make IVF treatment accessible at a more affordable cost.
Individuals interested in supporting the Executive Order and legislation mandating its goals are encouraged to contact their Federal, State, and local representatives for more information.
If you have questions regarding IVF and ART services for you and your family, KingSpry’s ART Law Group Chair, Dorota Gasienica-Kozak, Esq., is prepared to assist you. 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.
heARTbeat is a publication of KingSpry’s Adoption and Assisted Reproductive Technology Law Group. These articles are meant to be informational and do not constitute legal advice.
