The U.S. Department of Veterans Affairs will soon offer in-vitro fertilization (IVF) coverage to LGBTQ+ and single veterans who qualify.
In an announcement published on March 11, 2024, the VA explained that coverage for IVF would expand, not just to LGBTQ+ veterans, but also to single veterans, and that the IVF coverage for straight veteran couples will expand to cover donated sperm and eggs.
Previously, only those veterans with fertility issues that were caused by their military service and in heterosexual marriages could be covered for IVF treatment by the VA, and only if they could produce both eggs and sperm. This change in policy is a massive step forward for the rights of LGBTQ+ veterans, as well as for veterans who are unable to provide their own sperm or eggs due to service-related injuries and health conditions.
The Department of Defense also announced that it would lift restrictions on IVF and would allow active-duty service members with service-related fertility issues to access IVF despite their marital status or sexuality.
All of these policy changes are due to 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 the veterans and service members who were denied coverage and access to IVF due to their marital status, sexuality, or cause of their fertility issues. These suits claimed that the previous policies held by the VA and DoD constituted discrimination and that they violated provisions under the Affordable Care Act that granted due process and equal protection.
These changes also are happening at a time when access to IVF is decreasing, as the Alabama Supreme Court ruled that embryos have the same legal rights as children, causing IVF providers to fear legal action if they mishandle or destroy an embryo. In response, Alabama passed a bill that shields IVF providers from civil and legal liability, but access to IVF is still questionable in the current political climate.
