President Trump issued a new executive order on February 18, 2025, called “Expanding Access to In Vitro Fertilization.” This Executive Order came as a surprise to many, although the President had previously campaigned on making IVF free during his Presidency.
Here’s what the Executive Order says:
* It acknowledges a significant infertility challenge in the United States, noting that up to one in seven couples face difficulties conceiving a child and need assistance with family formation.
* IVF treatment currently costs between $12,000 to $25,000 per cycle, creating a substantial financial burden for many Americans seeking fertility treatments.
* The Administration establishes a policy commitment to ensure reliable access to IVF treatment and reduce unnecessary regulatory and statutory burdens that affect its affordability.
* Within 90 days, the Assistant to the President for Domestic Policy must submit policy recommendations focused on:
- Protecting access to IVF treatments
- Reducing out-of-pocket costs
- Lowering health plan costs for IVF treatment
* The order includes standard legal provisions stating that it:
- Does not impair existing agency authorities
- Must be implemented within available appropriations and existing law
- Does not create any new legal rights or benefits enforceable against the United States
The Executive Order does not enact any immediate changes. We can expect some report within 90 days from the domestic policy assistant on policy recommendations:
Here are some things that the Trump Administration could do:
With Congressional approval, create insurance mandates that require insurance plans to cover IVF. Currently around 18 states have state laws which mandate IVF coverage by insurance.
With Congressional approval, offer tax credits as opposed to tax deductions for IVF.
Direct the IRS to treat surrogacy and egg donation as deductible expenses covered under United States Code Section 213.
Though less likely given other pronouncements, support legislation that prevents states from restricting access to IVF through personhood laws.
It’s hard to say what other recommendations could be made to President Trump outside of price caps, subsidies, credits, given that the cost of IVF is largely driven by the relatively few number of IVF physicians compared to the demand for services. We also hope the ultimate changes keep IVF safe while assisting all people seeking IVF to expand their families.
Contact Tsong Law Group if you are embarking on a third party reproductive journey. Our lawyers can assist you with gamete and embryo donation and surrogacy contracts, and the parentage action. Our surrogacy lawyers are licensed in six states: California, Washington, Illinois, Arizona, Oklahoma and New York.
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