Military will soon cover IVF services for LGBTQ+ veterans & servicemembers

The U.S. Department of Veterans Affairs will soon provide in-vitro fertilization (IVF) treatment to veterans who are in same-sex marriages or are single.

In its announcement Monday, the department said that the policy change would go into effect in the coming weeks. Currently, the VA only provides IVF treatment to veterans with fertility issues caused by their military service who are in heterosexual marriages in which they can produce both sperm and eggs.

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In addition to the expansion of IVF treatment to same-sex couples and single vets, the VA also announced Monday that it would lift its ban on providing IVF to veterans using donated sperm and eggs.

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The Department of Defense also announced Monday that it would lift similar restrictions, allowing active-duty service members with service-related fertility issues or illnesses to access assisted reproductive technology services regardless of their marital status and also through the use of donated sperm and/or eggs or donated embryos.

The changes follow lawsuits brought by the Yale Law School Veterans Legal Services Clinic, the National Veterans Legal Services Program, and the New York City chapter of the National Organization for Women on behalf of veterans and current service members who were denied coverage for IVF due to their marital status, sexual orientation, or the cause of their fertility issues. The suits alleged that the VA and DoD’s policies constituted discrimination and violated provisions under the Affordable Care Act granting due process and equal protections, according to the Military Times.

“Raising a family is a wonderful thing, and I’m proud that VA will soon help more veterans have that opportunity,” Secretary of Veterans Affairs Denis McDonough said in Monday’s announcement. “This expansion of care has long been a priority for us, and we are working urgently to make sure that eligible unmarried veterans, veterans in same-sex marriages and veterans who need donors will have access to IVF in every part of the country as soon as possible.”

Sonia Ossorio, executive director of NOW-NYC, responded to the changes in a statement Monday, saying that the organization is “grateful to the Defense Department and overjoyed for the service members who, through this policy change, will now be able to access the reproductive healthcare so desperately needed in order to build their families.”

The VA and DoD’s policy changes come as IVF, the most common method of assisted reproduction, has gained national attention following an unprecedented ruling by the Alabama Supreme Court last month that declared embryos have the same legal rights as children. The court’s February 16 decision created widespread fear that IVF providers could face criminal or civil penalties if they mishandled or destroyed an embryo, leading several major healthcare providers in the state to halt IVF treatment.

In response to public outcry, the Alabama legislature passed a bill shielding IVF providers from civil and criminal liability.