California’s New Fertility Coverage Law: What SB 729 Means for Intended Parents

As of January 1, 2026, California has significantly expanded access to fertility care through Senate Bill 729 (SB 729), authored by Senator Caroline Menjivar. The new law modernizes insurance coverage for infertility diagnosis and treatment, including in vitro fertilization

(IVF)—a service that was often excluded under prior insurance requirements.

For intended parents, LGBTIQ+ families, and individuals pursuing parenthood through assisted reproduction, SB 729 marks a meaningful step toward equity, inclusion, and financial accessibility.

Family looks different for everyone—and California is taking a big step toward supporting all paths to parenthood.

What Does SB 729 Require?

SB 729 applies primarily to large group health insurance plans issued or renewed on or after January 1, 2026. The law introduces several important changes.

IVF Is Now a Required Covered Benefit

Historically, many health plans excluded IVF from required infertility coverage. SB 729 removes that exclusion.

Large group plans must now cover:

• Diagnosis and treatment of infertility, including IVF

• Up to three completed oocyte (egg) retrievals

• Unlimited embryo transfers, consistent with guidelines issued by the American Society for Reproductive Medicine(ASRM)

• Use of single-embryo transfer when recommended and medically appropriate

This brings insurance coverage into closer alignment with current medical standards and patient safety best practices.

A More Inclusive Definition of Infertility

One of the most impactful aspects of SB 729 is its expanded definition of infertility.

Previously, coverage often depended on demonstrating:

• A specific medical condition, or

• The inability to conceive after a period of regular, unprotected heterosexual intercourse

  
  

These criteria effectively excluded many people—including LGBTIQ+ individuals and single intended parents—who require fertility services but do not meet outdated clinical definitions.

Under SB 729, insurance plans must now cover fertility treatment for:

• LGBTIQ+ individuals

• Single people seeking to become parents

  
  

This change reflects the reality that infertility is not limited to heterosexual couples experiencing medical pathology.

Protections for Assisted Reproduction Using Third Parties

SB 729 also protects intended parents who rely on third-party reproduction.

Health plans may not deny coverage simply because fertility treatment involves:

• An egg, sperm, or embryo donor

• A gestational carrier or surrogate

  
  

This is a critical safeguard for families building through assisted reproductive technology and collaborative reproduction.

Equal Treatment of Fertility Services and Medications

The law requires fertility services and medications to be treated no less favorably than other covered medical care.

Insurers may not impose higher of the following, simply because the care relates to fertility treatment:

• Deductibles

• Copayments

• Benefit limitations

• Waiting periods

Small Group Plans: Coverage Must Be Offered

While SB 729 does not mandate fertility coverage for small group plans, it does require those plans to offer fertility coverage, expanding options for employees and employers in smaller workplaces.

Strong Anti-Discrimination Requirements

Finally, SB 729 requires fertility coverage to be provided without discrimination, including discrimination based on:

• Sexual orientation

• Gender identity or expression

• Sex or gender

• Marital or domestic partner status

• Disability or genetic information

• Age, race, color, ancestry, national origin, or religion

What This Means for Intended Parents

SB 729 represents an important recognition that families are formed in many ways—and that insurance coverage should reflect modern medical practice and family structures.

While the law expands access to fertility care, navigating insurance coverage, donor arrangements, gestational surrogacy, and legal parentage still require careful planning. Coverage rules, plan terms, and legal protections vary, and early legal guidance can help intended parents avoid delays, denials, or unintended legal consequences.

At Family-Advocates, we represent intended parents, donors, and gestational carriers undertaking and/or seeking:

• Assisted reproduction, surrogacy and donor agreements

• Insurance coverage for fertility care

• Second and stepparent adoptions

• Guardianships

• Other fertility-related and family-formation legal issues

  
  

If you have questions about how SB 729 affects your family-building plans—or how to protect your legal rights as an intended parent—we are happy to help.