Many Delaware residents who struggle with infertility will now have health insurance coverage for in vitro fertilization (IVF) and fertility preservation measures, thanks to a new bill signed into law by Delaware Governor John Carney. The new law makes Delaware the 16th state to require health insurers to cover infertility treatments and the 4th state that requires fertility preservation services.

While the new law doesn’t mandate that self-insured plans or employer-sponsored plans with fewer than 50 employees cover infertility treatments, all other health insurance policies that are delivered, renewed, extended, or modified in the state of Delaware must cover IVF for anyone who suffers from a condition or disease that results in an inability to conceive or difficulty carrying a child to term.

As with any type of covered health care service, there are limits on what insurers must cover. With respect to IVF coverage, patients can receive coverage for up to six completed egg retrievals in their lifetimes, with unlimited embryo transfers. When medical reasons make IVF necessary, there is no requirement that a patient undergo ovulation induction or intrauterine inseminations before IVF is covered. In other cases, insurers may require up to three cycles before IVF coverage kicks in.

Insurers will also now need to cover fertility preservation services for anyone who needs medically necessary health care that could cause iatrogenic infertility. According to the new bill, any fertility preservation services that are consistent with ASRM and American Society of Clinical Oncology guidelines will be eligible for coverage.

This is good news for individuals and couples who want to grow their families but need assisted reproductive technology in order to do so. Covering IVF and fertility preservation procedures just like other medical treatments should help make the dream of having children a reality for more Delaware residents.

If you’d like to learn more about the legal aspects of growing your family through surrogacy, contact us today! The surrogacy contracts that we prepare for our clients are comprehensive and thorough. Some of the services we provide include counseling intended parents and surrogates on the state of the law with respect to the different reproduction methods available; drafting of the contract(s) between intended parents and their surrogate; assisting future parents in finalizing their parental rights; and assisting our surrogate clients in establishing the intended parents’ rights.