The Department of Veterans Affairs (VA) has expanded coverage for in-vitro fertilization (IVF) procedures to include veterans, in alignment with changes already implemented by the Defense Department
This move aims to address concerns of discrimination against LGBTQ+ and unmarried veterans, following a lawsuit filed in August 2023.
Previously, both the VA and the Defense Department required veterans and military members to be married and provide their own eggs and sperm to qualify for IVF coverage. The policy changes now remove these restrictions, opening up access to IVF procedures for a broader range of veterans. The decision by the VA mirrors the Defense Department’s commitment to updating TRICARE’s policy on IVF, allowing active-duty service members in same-sex marriages or unmarried to access IVF procedures.
The legal developments stem from a lawsuit filed in August 2023, alleging that the stringent requirements for IVF coverage discriminate against LGBTQ+ and unmarried veterans and military members. VA Press Secretary Terrence Hayes highlighted the connection between the VA and Defense Department policies, stating that VA’s decision to update its IVF qualifications was influenced by the Defense Department’s policy change.
While the changes represent progress in making IVF coverage more inclusive, the National Organization for Women–New York City (NOW-NYC), which initiated the lawsuits, emphasizes that challenges remain. Both the VA and Defense Department still require members and veterans to prove that infertility is linked to a service-connected disability, serious injury, or illness resulting from military service.
NOW-NYC, in its statement, expressed the intention to continue advocating for the removal of unlawful and restrictive restrictions on IVF care. They argue that the current eligibility requirements, tied to service-connected disabilities, create significant barriers for many couples, including LGBTQ+ couples and those with IVF needs arising from other injuries and disabilities.
Sonia Ossorio, executive director of NOW-NYC, stressed the need to address the high bar and perceived unfairness of the existing requirements. The organization asserts that further changes are necessary to ensure equitable access to reproductive health care for service members, moving beyond policy adjustments to practical implementation. The timeline for the implementation of these policy changes remains unspecified, pending the Defense Department’s finalization of details, expected by the end of February.
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