According to a new California law, starting from July 1, 2025, large insurance companies in California must cover the diagnosis and treatment of infertility as well as in vitro fertilization (IVF).
California Governor Newsom announced on September 29 that he signed the SB729 bill proposed by State Senator Caroline Menjivar, making California one of over ten states that require insurance companies to cover IVF.
This legislation was first introduced in February 2023 and passed in the State Assembly with a vote of 62 to 1 in August, followed by a 31 to 8 passage in the State Senate.
Republican members of the Federal Senate have recently twice blocked national legislation to establish the right to IVF nationwide, most recently on September 17. This has thrust infertility treatment into the spotlight.
Governor Newsom stated that California is a proud state of reproductive freedom, which includes expanding access to fertility services to help those who wish to build families.
According to the bill’s sponsor, Menjivar, the law expands insurance coverage, benefiting around 9 million Californians, including “cancer survivors, single individuals, working women, LGBTQ+ individuals, and those unable to afford out-of-pocket costs.”
According to data from the Department of Health and Human Services, the average out-of-pocket cost for each IVF treatment in California clinics is $24,000.
The California Association of Health Plans estimates that this new law will cost Californians over $500 million in medical insurance expenses in less than two years.
Some doctors have expressed concerns that California’s current healthcare system is not prepared for this.
Dr. Houman David Hemmati posted on X, saying, “SB729 may have good intentions to improve access to IVF and other fertility services for Californians. However, this law appears to have been drafted without a true understanding of the logistical challenges involved. Politicians like Newsom may make headlines, but in reality, many people may face exorbitant costs, limited service availability, or long waits due to system inadequacies.”
During a hearing on this legislation at the California State Assembly Health Committee in 2023, California resident and mother, Allie Snyder, testified against it. She said, “No one has the right to purchase a baby.” “SB729 will redefine infertility as: without medical intervention, an individual or their partner cannot conceive.”
Snyder argued that under SB729, everyone will be considered infertile and eligible for surrogacy. She questioned whether minors, elderly individuals, or those with mental illnesses may also be allowed to undergo IVF treatment under the new law.
IVF has recently become a controversial topic in the United States regarding fertility issues, as the Alabama Supreme Court ruled in February that embryos created through IVF are considered minors under state law, leading to several IVF facilities in Alabama temporarily shutting down.
Subsequently, the Alabama legislature swiftly passed a bill aimed at protecting IVF service providers and clients from legal liability due to embryo death. By May, the Alabama Supreme Court refused to reconsider its IVF ruling. ◇