Right to IVF Act of 2026

(a) After an injury or illness. The Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, shall establish procedures for the retrieval, cryopreservation, and storage of reproductive genetic material, such as oocytes, sperm, fertilized eggs, and embryos, as soon as medically appropriate, by the Department of Defense or a private entity from a member of the uniformed services in cases in which the fertility of such member is potentially jeopardized as a result of an injury or illness incurred or aggravated while serving on active duty in the uniformed services in order to preserve the medical options of such member.

(b) Prior to deployment or certain assignments. The Secretary of Defense shall provide members of the uniformed services on active duty in the uniformed services with the opportunity to cryopreserve and store their reproductive genetic material, such as oocytes, sperm, fertilized eggs, and embryos, at a facility of the Department of Defense or of a private entity, prior to—

(1) deployment to a combat zone; or

(2) a duty assignment that includes a hazardous assignment, including—

(A) assignments resulting in exposure to perfluoroalkyl or polyfluoroalkyl substances; and

(B) such other assignments as determined by the Secretary.

(c) Period of time

(1) In general. The Secretary shall provide for the cryopreservation and storage of reproductive genetic material of any member of the uniformed services under this section in a facility of the Department of Defense or of a private entity and the transportation of such material, at no cost to the member, until the date that is one year after the retirement, separation, or release of the member from the uniformed services.

(2) Notice of options following storage

(A) In general. Upon the date of retirement, separation, or release of any member who has cryopreserved and stored genetic material under this section, the Secretary shall notify such member that the Department of Defense shall continue to provide for the cryopreservation and storage of reproductive genetic material for one year and that at the end of such one-year period the reproductive genetic material shall be handled as directed by the member in writing.

(B) Direction by member. The direction of a member under subparagraph (A) may be provided to the Department of Defense or the private entity storing the genetic material in a consent agreement or similar type of form signed by the member prior to retrieval and cryopreservation or, if applicable, a form that has superseded the original consent agreement or similar type of form that was signed by the member after the cryopreservation but on or before the date that is one year after the retirement, separation, or release of the member from the uniformed services.

(d) Advance medical directive and military testamentary instrument. A member of the uniformed services who is eligible to cryopreserve and store their reproductive genetic material under this section must complete an advance medical directive, as defined in section 1044c(b) of title 10, United States Code, and a military testamentary instrument, as defined in section 1044d(b) of such title, that explicitly specifies whether such member consents to the procedures described in subsection (a) and how any cryopreserved and stored reproductive genetic material shall be handled if such member dies or otherwise loses the capacity to consent to the use of their cryopreserved and stored reproductive genetic material.

(e) Agreements

(1) Agreements with private entities. To carry out this section, the Secretary may enter into agreements with private entities that provide cryopreservation, transportation, and storage services for reproductive genetic material.

(2) No contractual or liability obligation for agreements between private entities and members. The United States shall not be—

(A) considered a party to any agreement, consent form, or other contractual arrangement or commitment between a member of the uniformed services and a private entity that provides cryopreservation, transportation, and storage services for reproductive genetic material; or

(B) responsible for the management of reproductive genetic material cryopreserved or stored at a private entity pursuant to such agreement, consent form, or other contractual arrangement or commitment.