(NewsNation) — The Department of Veterans Affairs said Monday it will be expanding in vitro fertilization treatment coverage to qualifying veterans who are single or in same-sex marriages, a stark change to its previous policy which faced several legal challenges by LGBTQ+ service members.
Under its prior policy, the VA only covered IVF for those who were legally married and able to produce their own eggs and sperm, but that is no longer the case, the agency said.
“Raising a family is a wonderful thing, and I’m proud that VA will soon help more Veterans have that opportunity,” Denis McDonough, secretary of Veterans Affairs, said in a statement. “This expansion of care has long been a priority for us, and we are working urgently to make sure that eligible unmarried Veterans, Veterans in same-sex marriages, and Veterans who need donors will have access to IVF in every part of the country as soon as possible.”
Under its new policy, the VA will also be able to provide IVF to veterans using donated eggs, sperm, and embryos, calling the move “a critical step toward helping veterans who are not able to produce their own sperm or eggs due to service-connected injuries and health conditions.”
The change follows several lawsuits filed last year that said the department was discriminating against thousands of active military members and veterans because they did not fall under the agency’s “married only” category.
Under the department’s limited definition, unmarried couples, those in same-sex relationships, those with the same reproductive organs, or those who lack proof that infertility is related to their service were all denied IVF coverage, according to the lawsuit.
The lawsuit, which was filed against the U.S. Defense Department and the Department of Veteran Affairs, said infertility is highly common in service members and could be contributed to by combat-related injuries, exposure to toxic chemicals and environmental hazards, sexual assault and post-traumatic stress disorder.
Air Force veteran Ashley Sheffield, who filed one the lawsuits, said the VA rejected her for IVF treatments because she is married to a woman.
“We are entitled to equal treatment, and we should no longer be treated as second-class citizens,” Sheffield said last year.
The VA noted in Monday’s announcement that federal law still requires that the department can only provide IVF treatments to veterans whose issues having children are due to a health condition from their military service.
Sen. Patty Murray, D-Wash., welcomed the new VA policy, which she had long advocated.
“VA’s announcement is an important step forward that will help more veterans start and grow their families — and it’s especially timely as IVF is under attack from the far right,” said Murray in a statement.
“Servicemembers and veterans have sacrificed so much for our country — but they should never have to sacrifice their ability to start a family,” she also said.
