Inclusive Family Formation Language: Sample Policy
While an increasing number of U.S. employers offer expansive family formation benefits that cover fertility diagnostics, IUI, IVF and adoption or surrogacy support, nearly all companies can strengthen those benefits by ensuring eligibility requirements are inclusive.
The American Society for Reproductive Medicine (ASRM) in 2023 released an updated definition of infertility. It is as follows:
“‘Infertility’ is a disease, condition, or status characterized by any of the following:
The inability to achieve a successful pregnancy based on a patient’s medical, sexual, and reproductive history, age, physical findings, diagnostic testing, or any combination of those factors.
The need for medical intervention, including, but not limited to, the use of donor gametes or donor embryos in order to achieve a successful pregnancy either as an individual or with a partner.
In patients having regular, unprotected intercourse and without any known etiology for either partner suggestive of impaired reproductive ability, evaluation should be initiated at 12 months when the female partner is under 35 years of age and at 6 months when the female partner is 35 years of age or older.
Nothing in this definition shall be used to deny or delay treatment to any individual, regardless of relationship status or sexual orientation.” [Click here for ASRM Website]
Companies providing Family Formation benefits of any kind — be they Assisted Reproductive Technologies (ARTs, including IVF, IUI, and cryopreservation), adoption and foster assistance, or surrogacy assistance — should have policy language that complies with this definition to meet a best-in-class standard.
ASRM Infertility Definition-Compliant policy language…
Is gender and family structure inclusive (inclusive of same-sex and non-heterosexual couples as well as non-”nuclear” families)
Does not require an employee to have a medical diagnosis of infertility to access benefits
Does not require an employee or dependent to have been “attempting” via intercourse to conceive for any duration of time to access benefits
Below is an example of language which meets the ASRM standard. This example is from a past participant company’s Employee Handbook:
“Coverage for fertility treatment is available to all employees and eligible dependents enrolled in [our] medical plans, regardless of sexual orientation, gender, gender identity or expression. An infertility diagnosis is not required.”
