September 14, 2023

Reps. Jacobs, Larsen Senators Murray, Duckworth, Reintroduce Legislation to Help Veterans Start Their Families, Provide Major Expansion to Covered Fertility Care Services at DoD and VA

Today, Representatives Sara Jacobs (D-CA-51) and Rick Larsen (D-WA-02) and U.S. Senator Patty Murray (D-WA), a senior member and former Chair of the Senate Veterans’ Affairs Committee, and Senator Tammy Duckworth (D-IL) reintroduced the Veteran Families Health Services Act of 2023, comprehensive legislation that would expand the fertility treatments and family-building services that are covered under servicemembers’ and veterans’ health care to include—among other things—the option for individuals to cryopreserve their gametes (freeze their eggs or sperm) ahead of deployment to a combat zone and in vitro fertilization (IVF) for servicemembers and veterans who are unable to conceive without assistance.

 

While the Department of Veterans Affairs (VA) and the Department of Defense (DoD) currently offer some forms of fertility treatment and counseling, these offerings are extraordinarily limited and difficult for veterans to access, even when they are technically eligible—and far too often, these benefits fail to meet the needs of servicemembers and veterans.

 

“Signing up to serve your country shouldn’t mean you’re signing away your dreams to have a family – but that’s the case for too many service members and veterans,” said Representative Sara Jacobs. “I’m incredibly grateful that I had the opportunity to freeze my eggs in my first year of Congress and strongly believe that everyone should have the ability to create their own families when and how it is best for them. That’s why I’m proud to co-lead this important bicameral legislation to expand adoption options and IVF for our service members and veterans. This is one powerful way that we can give back to those who’ve given so much for us.”

 

“When injuries incurred in the line of duty leave American servicemembers and veterans without the ability to conceive, it’s obvious that we should be doing everything we can to provide the support and the options they need to build their families—whether that’s IVF, adoption assistance, or other fertility treatments,” said Senator Murray. “Servicemembers and veterans have sacrificed so much for our country—but they shouldn’t have to sacrifice their ability to start a family. As the daughter of a veteran, I take my responsibility as the voice for Washington state’s veterans and their families seriously and will keep fighting to help veterans get the full spectrum of care they need.”

“We must do everything we can to make sure our Veterans receive the care and benefits they have earned, and that includes helping them fulfill their dreams of having a family,” Senator Duckworth said. “I wouldn’t be a mother today without the miracle of IVF, which is one reason why I’m proud to be introducing this important bill with Senator Murray that would help modernize our healthcare systems as well as expand fertility treatment and counseling offerings at the VA.”

 

“America’s women and men in uniform sacrifice greatly. They should not have to sacrifice their dreams of having children and building a family,” said Representative Rick Larsen. “Congress should take the long-overdue step of permanently overturning outdated limitations on IVF to give servicemembers and veterans the opportunity to start a family.”

 

The Veteran Families Health Services Act would expand VA and DoD’s current fertility treatment and counseling offerings in a major way and empower servicemembers and veterans to start families when the time is right for them. This legislation would:

  • Allow servicemembers to cryopreserve (freeze) their gametes (eggs or sperm) before deployment to a combat zone or hazardous duty assignment and after an injury or illness—an important proactive fertility service that is not currently covered under DoD health care.
  • Permanently authorize and significantly expand fertility treatment and counseling options, including assisted reproductive technology like IVF, to more veterans and servicemembers and ensure that veterans’ and servicemembers’ spouses, partners, and gestational surrogates are appropriately included in eligibility rules.
    • Right now, only individuals who are married to opposite-sex partners that can provide gametes for IVF are eligible for IVF services under DoD or VA health care—this excludes all unmarried veterans and servicemembers whose partners are infertile, the same sex, or unable to provide gametes. This legislation would allow veterans and servicemembers to use gestational surrogates for covered IVF services for the very first time. Additionally, the legislation would remove onerous burdens of proof that currently make it very difficult for many veterans to access IVF services even when they do meet the requirements.
  • Expand adoption assistance at VA, providing more family-building options for veterans with infertility.
  • Provide support for servicemembers and veterans to navigate their fertility options, find a provider that meets their needs, and ensure continuity of care after a permanent change of station or relocation.
  • Require VA and DoD to facilitate research on the long-term reproductive health needs of veterans.

In addition to Representatives Jacobs and Larsen and Senators Murray and Duckworth, the legislation is also cosponsored by Senators Richard Blumenthal (D-CT), Sherrod Brown (D-OH), Chris Coons (D-DE), Dick Durbin (D-IL), Dianne Feinstein (D-CA), John Hickenlooper (D-CO), Martin Heinrich (D-NM), Tim Kaine (D-VA), Amy Klobuchar (D-MN), Chris Murphy (D-MA), Alex Padilla (D-CA), Bernie Sanders (D-VT), Jeanne Shaheen (D-NH), Raphael Warnock (D-GA), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR), and Representatives Gerald Connolly (D-VA-11), Debbie Dingell (D-MI-06), Chrissy Houlahan (D-PA-06), Raja Krishnamoorthi (D-IL-08), James McGovern (D-MA-02), Eleanor Holmes Norton (D-DC), Ilhan Omar (D-MN-05), and Dina Titus (D-NV-01).

The Veteran Families Health Services Act is supported by RESOLVE: The National Infertility Association, the American Society for Reproductive Medicine, DAV: Disabled American Veterans, and Paralyzed Veterans of America.

Bill text for the Veteran Families Health Services Act of 2023 is HERE.

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