President Signs Executive Order To Study IVF Policy Protections Forecasting Possible Future Federal Safeguards for California IVF Clinics
Published: February 25, 2025
Executive Order Signals Shift
On February 18, 2025, President Donald Trump signed an executive order to study policy recommendations to protect access to in vitro fertilization (IVF) and to reduce their associated costs.[1] While headlines about the order suggested protections for IVF, the executive order really signaled a policy intention of future action rather than binding legal change.
This order comes after certain state law developments have chilled the delivery of IVF services in certain parts of the country, and concern that federal action could jeopardize IVF delivery in all states. In February of 2024, the Alabama Supreme Court determined that Alabama’s Wrongful Death of a Minor Act triggered wrongful death liability upon embryo destruction.[2] This development followed the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization in 2022[3] which overturned prior case law that preserved abortion access in the U.S. Constitution.
This executive order might signal a shift in the winds of policy trends governing reproductive medicine, which been in a retreat mode since Dobbs.
Policy Protection Would Alleviate Federal Protection Concerns
If the Trump Administration pursues policy changes to persuade Congress to protect the accessibility and affordability of IVF services, this could help solidify the enduring legal existence of California IVF clinics. This would help to avoid possible federal preemption of California’s permissive IVF laws, which provide state-law protection for the accessibility and affordability of IVF services, which are very popular throughout the country.
Existing California IVF Protections.
- Insurance Coverage for IVF and Fertility Preservation. In 2024, California enacted SB 729, which requires large and small group managed care plans and disability insurance policies to provide up to three completed oocyte retrievals for use in IVF. Health plans must also cover efforts to preserve fertility (through egg harvesting and the like) for individuals undergoing medical treatments that would jeopardize a person’s fertility for their later use in IVF. The law applies to group health insurance policies provided by employers that have 50 or more employees.
- Embryo Disposition. In California, a couple or individual undergoing IVF has the option to store, donate to another individual, discard, or donate to research any unused embryos they have created.[4]
- Same-Sex Couples and Individuals Have Equal Rights to IVF Access. California provides protections to same sex couples and individuals to access IVF services under SB 729.
Our healthcare team is following the legal developments of the new administration on IVF and other issues impacting our healthcare delivery system. Contact us if we can help decipher what has changed and what news is mere conjecture. On IVF, more will need to happen for there to be additional protections to access or pay for IVF.
[1] https://www.whitehourse.gov/presidential-actions/2025/02/3xpanding-access-to-in-vitro-fertilization/
[2] LePage v. Center for Reproductive Medicine, P.C. :: 2024 :: Supreme Court of Alabama Decisions :: Alabama Case Law :: Alabama Law :: U.S. Law :: Justia
[3] 19-1392 Dobbs v. Jackson Women’s Health Organization (06/24/2022)
[4] Cal. Health & Safety Code 125315(b).