Veteran Families Health Services Act of 2025

This Act may be cited as the Veteran Families Health Services Act of 2025.

The table of contents for this Act is as follows:

In this title:

The term active duty has the meaning given that term in section 101(d)(1) of title 10, United States Code.

The term Armed Forces has the meaning given the term armed forces in section 101(a)(4) of such title.

The Secretary of Defense shall make available fertility treatment and counseling to a member of the Armed Forces or a spouse, partner, or gestational surrogate of such a member.

Fertility treatment and counseling shall be furnished under paragraph (1) without regard to the sex, sex characteristics, gender identity, sexual orientation, infertility diagnosis, or marital status of the member of the Armed Forces or their spouse or partner.

In the case of in vitro fertilization treatment furnished under paragraph (1), the Secretary may furnish to an individual under such paragraph—

(A) not more than three completed oocyte retrievals; and

(B) unlimited embryo transfers.

If a member of the Armed Forces is unable to provide their reproductive genetic material, such as oocytes, sperm, or embryos, for purposes of fertility treatment under subsection (a), the Secretary shall, at the election of such member, allow such member to receive such treatment with donated reproductive genetic material and pay or reimburse such member the reasonable costs of procuring such material from a donor.

Nothing in this section shall be construed to rescind the authority of the Secretary to provide in vitro fertilization benefits pursuant to section 1074(c)(4) of title 10, United States Code.

Nothing in this section shall be construed to require the Secretary—

(A) to find or certify a gestational surrogate for a member of the Armed Forces or to connect a gestational surrogate with such a member; or

(B) to find or certify reproductive genetic material, such as oocytes, sperm, or embryos, from a donor for a member of the Armed Forces or to connect such a member with reproductive genetic material from a donor.

In this section:

The term fertility treatment includes the following:

(A) Preservation of human oocytes, sperm, or embryos.

(B) Artificial insemination, including intravaginal insemination, intracervical insemination, and intrauterine insemination.

(C) Assisted reproductive technology, including in vitro fertilization and other treatments or procedures in which reproductive genetic material, such as oocytes, sperm, or embryos, are handled, when clinically appropriate.

(D) Genetic testing of embryos.

(E) Medications prescribed or obtained over-the-counter, as indicated for fertility.

(F) Gamete donation.

(G) Such other information, referrals, treatments, procedures, medications, laboratory testing, technologies, and services relating to fertility as the Secretary of Defense determines appropriate.

The term gestational surrogate means an adult, who is not the intended parent, who enters into a surrogacy agreement to become pregnant through in vitro fertilization using gametes that are not the gametes of that individual.

The term partner, with respect to a member of the Armed Forces, means an individual selected by the member who agrees to be a parent, with the member, of a child born as a result of the use of any fertility treatment under this section.

The Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, shall establish procedures for the retrieval of reproductive genetic material, such as sperm or oocytes, as soon as medically appropriate, from a member of the Armed Forces 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 Armed Forces in order to preserve the medical options of such member.

The Secretary of Defense shall ensure that any advance medical directive, as defined in section 1044c(b) of title 10, United States Code, or military testamentary instrument, as defined in section 1044d(b) of such title, completed by a member of the Armed Forces includes questions about the consent of the member to fertility preservation procedures under subsection (a) and about rights, ownership, and use of reproductive genetic material.

The Secretary of Defense shall provide members of the Armed Forces on active duty with the opportunity for retrieval, testing, cryopreservation, shipping, and storage of their reproductive genetic material, such as sperm or oocytes, 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.

The Secretary shall provide for the retrieval, testing, cryopreservation, shipping, and storage of reproductive genetic material of any member of the Armed Forces under subsection (a), at no cost to the member, until the date that is one year after the retirement, separation, or release of the member from the Armed Forces.

At the end of the one-year period specified in paragraph (1), the Secretary shall permit an individual whose reproductive genetic material was cryopreserved and stored as described in that paragraph to select, including pursuant to an advance medical directive or military testamentary instrument completed under subsection (c), one of the following options:

(A) To continue such cryopreservation and storage in such facility with the cost of such cryopreservation and storage borne by the individual.

(B) To transfer the material to a private cryopreservation and storage facility selected by the individual.

A member of the Armed Forces who elects 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 the use of their cryopreserved and stored reproductive genetic material if such member dies or otherwise loses the capacity to consent to the use of their cryopreserved and stored reproductive genetic material.

The Secretary of Defense shall ensure that employees of the Department of Defense assist members of the Armed Forces—

(1) in navigating the services provided under this title;

(2) in finding a provider that meets the needs of such members with respect to such services; and

(3) in continuing the receipt of such services without interruption during a permanent change of station for such members.

The Secretary of Defense and the Secretary of Veterans Affairs shall share best practices and facilitate referrals, as they consider appropriate, on the furnishing of fertility treatment and counseling to individuals eligible for the receipt of such counseling and treatment from each such Secretary.

The Secretary of Defense and the Secretary of Veterans Affairs shall enter into a memorandum of understanding—

(1) regarding coordination of fertility preservation care and continuation of coverage, without interruption, for a member of the Armed Forces who is transitioning to veteran status; and

(2) authorizing the Department of Veterans Affairs to compensate the Department of Defense for the cryopreservation, transportation, and storage of reproductive genetic material of veterans under section 104(b)(2)(A).

Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to carry out this title.

Section 1701(6) of title 38, United States Code, is amended by adding at the end the following new subparagraph:

(J) Fertility treatment and counseling under section 1720M of this title.

Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:

Notwithstanding any other provision of law, including the surrogacy laws of any State, the Secretary shall furnish fertility treatment and counseling for the benefit of a covered veteran to the veteran and the spouse, partner, gamete donor, or gestational surrogate of the veteran if the veteran, and the spouse, partner, gamete donor, or gestational surrogate of the veteran, as applicable, each provide informed consent for such treatment and counseling, including for each cycle of treatment authorized under this section, through a process prescribed by the Secretary.

Fertility treatment and counseling shall be furnished under paragraph (1) without regard to the sex, sexual characteristics, gender identity, sexual orientation, infertility diagnosis, or marital status of the covered veteran or their spouse or partner.

In the case of in vitro fertilization treatment furnished under paragraph (1), the Secretary may furnish to an individual under such paragraph—

(A) not more than three completed oocyte retrievals; and

(B) unlimited embryo transfers.

The Secretary shall only furnish fertility treatment and counseling under paragraph (1) to a covered veteran who is required to pay to the United States a copayment amount as a condition for the receipt of hospital care, medical services, or medications under this chapter if the covered veteran agrees to pay such applicable copayment amount to the United States for such treatment and counseling.

If a covered veteran is unable to provide their reproductive genetic material for purposes of fertility treatment under subsection (a), the Secretary shall, at the election of such veteran—

(A) allow such veteran to receive such treatment with donated reproductive genetic material, if the donor provides informed consent for use of such material; and

(B) pay or reimburse the veteran, donor, or a party acting on behalf of the donor the reasonable costs of procuring such material from the donor.

The Secretary may pay or reimburse a covered veteran a reasonable amount for personal travel and incidental expenses associated with procuring material from a donor under paragraph (1).

The Secretary shall carry out an outreach and training program to ensure veterans and health care providers of the Department are aware of—

(1) the availability of and eligibility requirements for fertility treatment and counseling under this section; and

(2) any changes to fertility treatment and counseling covered under this section.

Issues or disputes regarding ownership of reproductive genetic material or future use or disposition of such material shall be the sole responsibility of the covered veteran and the spouse, partner, or gestational surrogate of the veteran, as applicable, and the private facility storing such material.

The role of the Secretary under this section is limited to furnishing the treatment and counseling required under this section when requested by a covered veteran and determined necessary by the Secretary.

The Secretary will not have ownership or custody of any reproductive genetic material obtained pursuant to treatment under this section and will not be involved in the ultimate disposition of such material or disputes between or among any parties with respect to such material.

Nothing in this section shall be construed to require the Secretary—

(1) to find or certify a gestational surrogate for a covered veteran or to connect a gestational surrogate with a covered veteran; or

(2) to furnish maternity care to a covered veteran or spouse, partner, or gestational surrogate of a covered veteran beyond what is otherwise required or authorized by law.

In this section:

(1) The term covered veteran means a veteran who is enrolled in the system of annual patient enrollment established under section 1705(a) of this title.

(2) The term fertility treatment includes the following:

(A) Preservation of human oocytes, sperm, or embryos.

(B) Artificial insemination, including intravaginal insemination, intracervical insemination, and intrauterine insemination.

(C) Assisted reproductive technology, including in vitro fertilization and other treatments or procedures in which reproductive genetic material, such as oocytes, sperm, or embryos, are handled, when clinically appropriate.

(D) Genetic testing of embryos.

(E) Medications prescribed or obtained over-the-counter, as indicated for fertility.

(F) Gamete donation.

(G) Such other information, referrals, treatments, procedures, medications, laboratory testing, technologies, and services relating to fertility as the Secretary determines appropriate.

(3) The term gestational surrogate means an adult, who is not the intended parent, who enters into a surrogacy agreement to become pregnant through in vitro fertilization using gametes that are not the gametes of that individual.

(4) The term partner, with respect to a covered veteran, means an individual selected by the veteran who agrees to be a parent, with the veteran, of a child born as a result of the use of any fertility treatment under this section.

The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1720L the following new item:

The authority under section 234 of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2024 (division A of Public Law 118–42), or any similar authority subsequently enacted by law, shall cease on the effective date of regulations prescribed to carry out section 1720M of title 38, United States Code, as added by subsection (a).

Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:

The Secretary may pay an amount, not to exceed the limitation amount, to assist a covered veteran in the adoption of one or more children, without regard to the sex, gender identity, sexual orientation, or marital status of the covered veteran.

For purposes of this section, the limitation amount is the amount equal to the cost the Department would incur by paying the expenses of not more than three adoptions by covered veterans, as determined by the Secretary.

In this section, the term covered veteran has the meaning given that term in section 1720M(f) of this title.

The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1789 the following new item:

The Secretary of Veterans Affairs shall ensure that employees of the Department of Veterans Affairs assist veterans—

(1) in navigating the services provided under this title and the amendments made by this title;

(2) in finding a provider that meets the needs of such veterans with respect to such services; and

(3) in continuing the receipt of such services without interruption if such veterans move to a different geographic location.

Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section:

The Secretary shall facilitate research conducted collaboratively by the Secretary of Defense and the Secretary of Health and Human Services to improve the ability of the Department of Veterans Affairs to meet the long-term reproductive health care needs of veterans who have a condition that affects the ability of the individual to reproduce.

The Secretary shall ensure that information produced by the research facilitated under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Veterans Health Administration.

The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7330D the following new item:

Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations—

(1) to carry out section 1720M of title 38, United States Code, as added by section 202(a); and

(2) to carry out section 1790 of such title, as added by section 203(a).