Heinrich, Colleagues Introduce Legislation to Help Veterans Struggling with Infertility Grow Their Families

WASHINGTON — U.S. Senator Martin Heinrich (D-N.M.) joined his colleagues U.S. Senators Patty Murray (D-Wash.), Tammy Duckworth (D-Ill.), Cory Booker (D-N.J.), and Democratic Minority Leader Chuck Schumer (D-N.Y.) in introducing legislation to make it easier for veterans who struggle with infertility to build their families. The Veteran Families Health Services Act would expand fertility treatments and family-building services covered under servicemembers’ and veterans’ health care to include—among other things—in vitro fertilization (IVF) and adoption assistance for servicemembers and veterans who are unable to conceive without assistance. The legislation also includes an option for individuals to freeze their eggs or sperm ahead of deployment to a combat zone.

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. Veterans and servicemembers experience higher rates of infertility than civilians and encounter restrictive laws and policies at DoD and VA before they can access IVF services.

“Our veterans and servicemembers in New Mexico sacrifice so much to defend our freedoms. When they’re ready to start a family, they shouldn’t face needless barriers. The Veteran Families Health Services Act will finally expand access to IVF, adoption assistance, and other fertility treatments. This bill is about keeping our promise — recognizing and supporting our servicemembers and veterans as they build their families,” said Heinrich.

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 or grow their families when the time is right for them. Specifically, the 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.
• Direct the VA and DoD to facilitate research on the long-term reproductive health needs of Veterans.

Along with Heinrich, Duckworth, Murray, Booker and Schumer, the legislation is cosponsored by U.S. Senators Richard Blumenthal (D-Conn.), Jeff Merkley (D-Ore.), Jacky Rosen (D-Nev.), Elizabeth Warren (D-Mass.), Bernie Sanders (I-Vt.), Amy Klobuchar (D-Minn.), Jeanne Shaheen (D-N.H.), John Hickenlooper (D-Colo.), Sheldon Whitehouse (D-R.I.), Angus King (I-Maine), Tina Smith (D-Minn.), Peter Welch (D-Vermont), Kirsten Gillibrand (D-N.Y.), Ron Wyden (D-Ore.), Alex Padilla (D-Calif.), Ruben Gallego (D-Ariz.) and Catherine Cortez Masto (D-Nev.).

Read the full text of the bill here.

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