DOD and VA Expand IVF Program Eligibility

According to the American Medical Association, infertility affects one in eight couples in the United States. Among active military and veterans, this number is even higher because of service-connected health conditions. The U.S. Department of Defense (DOD) and the Department of Veterans Affairs (VA) had previously limited in vitro fertilization (IVF) to married, heterosexual couples, but New Jersey adoption attorneys note that those rules are changing in 2024.

In Vitro Fertilization

IVF involves a complex and personalized series of procedures that can lead to pregnancy. It is currently the most effective fertility treatment involving the direct handling of sperm and eggs or embryos.

DOD and VA IVF Programs

The DOD and VA established their IVF programs in 2017 as directed by a number of health-, military- and veteran-related acts that Congress passed in 2016 and 2017.

Criticisms of the DOD, VA IVF Programs

Since their inception, there have been two main criticisms of the DOD and VA IVF programs. One is that the DOD and VA limit access to military personnel and veterans who are infertile as a result of their military service. The other is that the agencies limit access to married, heterosexual couples using their own sperm and eggs or embryos.

Yale Law School and NOW Lawsuits

In August 2023, civil rights and veterans advocates sued the VA and DOD based on both criticisms. The groups involved were the:

• New York City chapter of the National Organization for Women (NOW)
• Yale Law School Veterans Legal Services Clinic
• National Veterans Legal Services Program

The lawsuits were a partial success. Soon after they were filed, the DOD and VA agreed to end the marriage requirement and the ban on donor gametes. Both agencies, however, retained the requirement that infertility must be linked to a service-connected injury, illness, or disability.

Updates to the IVF Programs

The changes promised in August 2023 became official with both the DOD and VA in March 2024. Through the new policies, any military personnel or veteran with service-connected fertility now has access to the IVF program. Both agencies noted that there was pent-up demand and that they would begin enrolling newly eligible participants by the end of the month.

The newly eligible participants have access to all of the infertility-related services and benefits that had been available previously. These include:

• Laboratory tests
• Imaging services
• Surgical correction
• Hormone therapies
• Vasectomy reversal
• Fertility medications
• Adoption reimbursement
• Sperm retrieval techniques
• Infertility assessments and counseling

Surrogacy

Under the current law, neither the DOD nor VA can cover surrogacy. The IVF procedure can include surrogacy, but the patients need to fund it out of pocket and oversee the logistics.

Potential for Future IVF Program Updates

Whether there will be additional lawsuits to push for further changes, such as including surrogacy and expanding the program to all infertile military personnel and veterans, remains to be seen. With or without additional lawsuits, such updates will likely require Congress to pass new laws that explicitly require these changes.

According to some experts, these new laws are possible. While infertility rates among military personnel and veterans are generally declining, demand for assisted reproduction is rising. In addition, the U.S. military has openly recognized that family building is a crucial aspect of happy service people who continue their careers with the armed forces.

Local Representation in New Jersey for Assisted Reproduction

The Law Office of Cofsky & Zeidman has decades of experience representing clients in New Jersey in matters of adoption and assisted reproduction. We appreciate the challenges you face and would like to help you make the best decisions for you and your family. To meet with a New Jersey adoption attorney, call our Haddonfield office at (856) 429-5005, our Woodbury office at (856) 845-2555, or contact us online.