There have been a series of new laws that are going to help queer people with the cost of building families. These laws, which require insurance providers to add various fertility benefits, have been passed by individual states. While they as yet don’t reflect a nationwide or federal plan, these laws are definitely signs of progress.
Here, we will summarize some of the major legislative pieces that have worked their way through state governments and what they mean for the LGBTQ+ community.
CALIFORNIA
On July 1, 2025, a new law takes effect in California that requires health insurance providers to treat fertility care the same way they do regular medical care. The law also expands the definition of infertility treatment to include IVF, third-party reproduction, and the LGBTQ+ community. The law is SB 729.
In signing the legislation, California’s governor Gavin Newsom said, “California is a Reproductive Freedom State. As a national leader for increasing access to reproductive health care and protecting patients and providers … I want to be clear that the right to fertility care and IVF is protected in California. In many other states, this is not the case. I wholeheartedly agree that starting a family should be attainable for those who dream to have a child – inclusive of LGBTQ+ families.”
ILLINOIS
Already in action is a new law in Illinois, HB 3709 that defines infertility as “a person’s inability to reproduce either as a single individual or with a partner without medical intervention.”
Like the California law, this bill also advances infertility treatments to LGBTQ+ couples and mandates at least some insurance coverage for those in the state. In his signing statement, Illinois Governor J.B. Pritzker said, “In our continuous efforts to shape a safer and more inclusive Illinois, my administration is on a mission to lift up and empower those who too often have been overlooked or forgotten.”
Coincidentally, on the same day, Governor Pritzker also signed a bill that established a process for individuals to correct the gendered language on their marriage certificates.
Maine, New Jersey & District of Columbia
Maine, New Jersey, and the “District” have all enacted similar laws to California and Illinois that require at least some coverage for infertility treatments of all their insurers. In this trio of states, the laws have already taken effect, and more and more residents in those states are exploring their options.
However, in each state, the coverage requirements are a little bit different, so it’s important to explore how these laws may increase your coverage if you live in one of these states.
What You Need To Know
In many cases, specific coverage for specific fertility treatments will vary from state to state. It’s also important to know that fertility treatments are not the same as fertility preservation (freezing eggs, sperm, and embryos for later use). So while you may have some insurance coverage to acquire eggs, turn them into embryos and even some surrogacy insurance, you will likely need to put any un-used embryos into storage. However, most Health Savings Accounts (HSAs) do allow reimbursement for fertility storage.
The map you see here helps explain some of those differences in coverage. We’d like to thank the folks at Resolve for creating this graphic.
As always, we are proud to serve the LGBTQ+ community at Pride Eggs. So please, definitely click the link and reach out to see how we can help you, wherever it is you live.
