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Infertility Tax Credit - Family Act of 2013

The content was updated on July 3, 2013

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What is the Infertility Tax Credit Bill?

The Family Act, S 881/HR 1851, is a bill in the U.S. Senate and U.S. House of Representatives that would create a tax credit for the out-of-pocket costs of IVF and fertility preservation for those diagnosed with infertility. It was introduced in May 2013.

Who will this bill help?

The infertility tax credit will help thousands of couples defray the out-of-pocket costs of medical treatement for infertility, specifically IVF. The financial burden of an infertility diagnosis is significant, and any means to help offset these costs is a positive development for women and men who are faced with infertility. 

Are there similar tax credits already in place?

For many years families have been created with the help of the Adoption Tax Credit, and we hope this new tax credit will achieve the same level of success for those who need IVF to build their family. The Family Act has actually been modeled after the Adoption Tax Credit. Read more.

Has a tax credit bill been introduced?

On May 7, 2013, Senator Kirsten Gillibrand (D-NY) introduced the Family Act, S 881, in the U.S. Senate.  A companion bill, HR 1851, was introduced in the U.S. House of Representatives by Representative John Lewis (D-GA) on May 8, 2013.

RESOLVE is thrilled to be working alongside legislators and others in the infertility community who have already expressed support for the Family Act.

What happens once the bill is introduced?

It is now up to YOU to talk to your elected officials in the House and the Senate and ask for their support of this bill.  To send a letter immediately to your two U.S. Senators, click here and to your Representative, click here. Make sure to personalize the letter to include information as to why the Family Act is important to you. Personal letters are far more powerful than a form letter, so please take the time to add a paragraph in your own words. This is not the time to let others do the work for you; if your Members of Congress do not hear from you they will not realize the positive impact the Family Act will have on their district and state. Pass this information on to your doctor, friends and family all over the country and ask them to support our efforts. We need thousands of letters pouring into Congress.

How does a tax credit differ from the medical expense deduction that I can use now?

The medical expense deduction allows tax payers to deduct medical and dental expenses that exceed 10% of their adjusted gross income. If the out-of-pocket medical and dental expenses are not more than 10%, you cannot claim a deduction. The total costs of IVF treatment add up but they may not all occur in the same tax year, therefore, the medical deduction may not be the best option for many taxpayers. The Family Act may in fact be a better option for most tax payers as you can use the credit based on your first dollar spent, meaning, if you spend $1,000 out-of-pocket for IVF, you can claim the tax credit for $500 of that amount (50%). Plus the maximum credit amount is a lifetime max, not a one-time maximum. If taxpayers find that the medical deduction is a better option for them, they cannnot also claim the Family Act tax credit. However you can use the tax credit for any eligible unreimbursed out-of-pocket expenses even if you have health insurance for IVF.

Why aren't we advocating for mandated insurance coverage for infertility treatments?

We are. We tell Congress every day that infertility is a disease and must be covered by health insurance. Our champions in Congress have told us that while we need to continue this fight, we must find ways to lessen the financial burdens for patients TODAY as we do not anticipate having a federally madated infertility treatment bill pass Congress soon. The Family Act will help bridge the gap to the day when we all have infertility benefits as part of our health insurance. We continue to work with employers, insurance companies, and state legislatures to find ways to get infertility as a covered benefit by all health insurance plans.

Need a refresher course on how a bill becomes a law?

TheCapitol.net has some very easy-to-follow information about how a bill becomes a law.

Get involved:

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