Right to IVF Act of 2026

(a) Assisted reproductive technology and counseling and intrauterine insemination

(1) In general. The Secretary of Defense shall make available assisted reproductive technology, intrauterine insemination, and counseling to a member of the uniformed services or a spouse, partner, or gestational surrogate of such a member.

(2) Eligibility for treatment and counseling. Assisted reproductive technology, intrauterine insemination, and counseling shall be furnished under paragraph (1) without regard to the sex, sex characteristics, gender identity, sexual orientation, infertility diagnosis, or marital status of the member of the uniformed services or their partner.

(3) In vitro fertilization. In the case of in vitro fertilization treatment furnished under paragraph (1), the Secretary shall furnish to an individual under such paragraph—

(A) not more than three completed oocyte retrievals; and

(B) unlimited embryo transfers.

(b) Procurement of reproductive genetic material. If a member of the uniformed services is unable to provide their reproductive genetic material, such as oocytes, sperm, fertilized eggs, and embryos, for purposes of assisted reproductive technology or intrauterine insemination under subsection (a), the Secretary shall, at the election of such member, allow such member to receive assisted reproductive technology or intrauterine insemination with donated reproductive genetic material and pay or reimburse such member the reasonable costs of procuring such material from a donor.

(c) Rules of construction

(1) Impact on existing authority. Nothing in this section shall be construed to rescind the authority of the Secretary to provide in vitro fertilization benefits pursuant to section 1074(c)(4) of title 10, United States Code.

(2) Sourcing of gestational surrogate or reproductive genetic material. Nothing in this section shall be construed to require the Secretary—

(A) to find or certify a gestational surrogate for a member of the uniformed services or to connect a gestational surrogate with such a member; or

(B) to find or certify reproductive genetic material, such as oocytes, sperm, fertilized eggs, and embryos, from a donor for a member of the uniformed services or to connect such a member with reproductive genetic material from a donor.

(d) Definitions. In this section:

(1) Gestational surrogate. The term gestational surrogate means an individual who agrees to attempt to become pregnant through in vitro fertilization under a gestational surrogacy agreement using gametes that are not the gametes of that individual.

(2) Partner. The term partner, with respect to a member of the uniformed services, means an individual selected by the member who agrees to be a parent, with the member, of a child born as a result of the use of any assisted reproductive technology or intrauterine insemination under this section.