The Veterans Infertility Treatment Act of 2023 (the “Act”) was introduced by Representative Julia Brownley (CA-26) to the United States House of Representatives on January 26, 2023, and has since gained the support of other representatives and RESOLVE: The National Infertility Association.
In this issue of KingSpry’s heARTbeat blog, Adoption and ART Practice Chair, Dorota Gasienica-Kozak, Esq., reviews the proposed bill (H.R.544) and discusses the importance of providing infertility treatments and standard fertility preservation services to veterans and their partners.
Key Points
If passed, the Act will require the Department of Verterans Affairs (the “Department”) to provide infertility treatments, standard fertility preservation services, or both to covered veterans or partners of covered veterans.
The Act will permit the Department to offer up to three (3) in vitro fertilization (IVF) cycles that result in a live birth, or ten (10) attempted cycles to a covered veteran or their partner, whichever occurs first.
The Department will also be required to impose regulations regarding infertility treatments and standard fertility preservation services as set forth in the Act. However, prior to enacting said regulations, the Department must ensure (1) that counseling and treatment is available to a covered veteran and their partner, and (2) that treatment may be provided using donated gametes or embryos.
Definitions
A “covered veteran” refers to a veteran enrolled in the Department’s health care system who faces infertility or is at risk of having infertility.
A “partner,” with respect to a veteran, refers to an individual selected by the veteran who agrees to share the paternal responsibilities to any child born as a result of infertility treatment under the Act.
Support
RESOLVE: The National Infertility Association has publicly announced its support of the Act. Individuals interested in supporting the Act are encouraged to contact their state and local representatives.
