The USA military is expanding coverage for IVF treatments to include unmarried couples, single service members, and more, following a lawsuit filed last year.

The Defense Department has announced plans to lift previous restrictions that limited in-vitro fertilization (IVF) coverage to legally married couples using their own genetic material. This decision, revealed in a court filing on December 26, is a result of a New York state lawsuit.

A new policy, expected to be released next month, will extend coverage to single troops, unmarried couples, and any service members using donor sperm or eggs. Previously, TRICARE only covered IVF for couples using their own genetic material, excluding individuals unable to produce viable sperm or eggs.

“We commend the Department of Defense for expanding access to fertility treatments for service members, but more needs to be done,” said Sonia Ossorio, executive director of NOW-NYC. “We will continue to advocate for the removal of all discriminatory barriers so that every service member and veteran in need of reproductive care can access it.”

While the government anticipates releasing the new IVF policy in February, the exact timeline has not been confirmed.

The Department of Veterans Affairs, also named in the lawsuit, has agreed to review its policies. Currently, VA coverage for fertility treatments is limited to heterosexual married couples.

The ongoing lawsuit also challenges the requirement that infertility must be service-linked for troops and veterans to receive coverage. Additionally, IVF treatments with a gestational carrier, or surrogate, are not covered, further limiting access to care for service members facing delays in child-rearing due to military duties.

“These strict requirements are unlawful and out of line with benefits provided to other federal employees,” stated Briana Thompson, a law student intern at Yale Law School and former Air Force officer. “They undermine the importance of military families to readiness.”