IVF, also known as gestational surrogacy, is a form of assisted reproduction. Here’s everything you need to know about in vitro fertilization laws in California.
In vitro fertilization, or IVF, is a form of assisted reproduction that fertilizes the egg before transferring it to the uterus. In vitro fertilization can be a great choice for those who need medical assistance with infertility, as well as for LGBTQ+ couples.
California family law ensures the intended parent rather than the donor is considered the natural parent of a child conceived through in vitro fertilization. However, California law does not guarantee insurance coverage for IVF, which some legislation is aiming to change.
Laws Pertaining to In Vitro Fertilization
In vitro fertilization can be a complicated process both biologically and legally. California laws can help intended parents determine who will pay for the IVF procedure, as well as provide pathways to legal parentage.
IVF and Insurance
California law requires insurance coverage of infertility treatment and defines infertility as a condition recognized by a medical professional. The state may also consider an individual infertile after a year or more of unsuccessful attempts at pregnancy via unprotected sexual relations. Insurance may cover treatment for infertility, like diagnostic tests and medication, but does not need to cover the laboratory process of in vitro fertilization, which can be financially challenging to couples.
Related: How Much Surrogacy Costs in California
IVF and Family Law
California law states that when conceiving through assisted reproduction, the woman’s spouse is considered the child’s natural parent. Unless otherwise agreed upon, the donor is not legally considered a natural parent.
Introduction of AB-747
Introduced on February 16th, 2021, AB-747 would require insurance plans to expand their infertility coverage to cover IVF by adjusting the definition of infertility. The bill would also eliminate any religious exemption.
The bill is also important to the LGBTQ community and groups that may face infertility. The bill ensures that treatment for infertility would be provided without discrimination.
Related: Surrogacy Process for LGBT Couples in California
Other Legal Questions
On an individual basis, legal help can be offered for questions about parental rights, such as parental financial and social responsibilities, procedures used, and the donor’s medical history. As couples may have preferences on how to handle these issues with the donor, it may be helpful to consult an attorney.
FAQs About California In Vitro Fertilization Laws
How do I know if my insurance covers in vitro fertilization?
California law requires insurances to communicate their policies with contract holders on what infertility treatments they cover, including in vitro. A provider with a religious exemption may be exempt from providing for IVF.
What about California bills offering to expand coverage of in vitro?
California has proposed multiple bills that offer to expand coverage for in vitro fertilization since it can be expensive to pay out of pocket. The California legislature has refused to pass previous bills leaving it up to employers to include. AB-747, the recently introduced bill, has yet to be voted on.
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If you or a loved one would like to learn more about in vitro laws in California, get your free consultation with one of our family law attorneys today!