TITLE 
I—REPRODUCTIVE 
AND 
FERTILITY 
PRESERVATION 
ASSISTANCE FOR MEMBERS 
OF THE ARMED FORCES 
SEC. 101. DEFINITIONS. 
In this title: 
(1) ACTIVE DUTY.—The term ‘‘active duty’’ has 
the meaning given that term in section 101(d)(1) of 
title 10, United States Code. 
(2) 
ARMED
FORCES.—The 
term 
‘‘Armed 
Forces’’ has the meaning given the term ‘‘armed 
forces’’ in section 101(a)(4) of such title. 
SEC. 102. PROVISION OF FERTILITY TREATMENT AND 
COUNSELING TO MEMBERS OF THE ARMED 
FORCES AND SPOUSES, PARTNERS, AND GES-
TATIONAL SURROGATES OF SUCH MEMBERS. 
(a) FERTILITY TREATMENT AND COUNSELING.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall make available fertility treatment and coun-
seling to a member of the Armed Forces or a 
spouse, partner, or gestational surrogate of such a 
member. 
(2) ELIGIBILITY FOR TREATMENT AND COUN-
SELING.—Fertility treatment and counseling shall be 
furnished under paragraph (1) without regard to the 
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sex, sex characteristics, gender identity, sexual ori-
entation, infertility diagnosis, or marital status of 
the member of the Armed Forces or their spouse or 
partner. 
(3) IN VITRO FERTILIZATION.—In the case of 
in vitro fertilization treatment furnished under para-
graph (1), the Secretary may furnish to an indi-
vidual under such paragraph— 
(A) not more than three completed oocyte 
retrievals; and 
(B) unlimited embryo transfers. 
(b) PROCUREMENT OF REPRODUCTIVE GENETIC MA-
TERIAL.—If a member of the Armed Forces is unable to 
provide their reproductive genetic material, such as oo-
cytes, sperm, or embryos, for purposes of fertility treat-
ment under subsection (a), the Secretary shall, at the elec-
tion 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 pro-
curing such material from a donor. 
(c) RULES OF CONSTRUCTION.— 
(1) IMPACT ON EXISTING AUTHORITY.—Noth-
ing in this section shall be construed to rescind the 
authority of the Secretary to provide in vitro fer-
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tilization benefits pursuant to section 1074(c)(4) of 
title 10, United States Code. 
(2) SOURCING OF GESTATIONAL SURROGATE OR 
REPRODUCTIVE
GENETIC
MATERIAL.—Nothing in 
this section shall be construed to require the Sec-
retary— 
(A) to find or certify a gestational surro-
gate 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 repro-
ductive genetic material from a donor. 
(d) DEFINITIONS.—In this section: 
(1) FERTILITY TREATMENT.—The term ‘‘fer-
tility treatment’’ includes the following: 
(A) Preservation of human oocytes, sperm, 
or embryos. 
(B) 
Artificial 
insemination, 
including 
intravaginal insemination, intracervical insemi-
nation, and intrauterine insemination. 
(C) Assisted reproductive technology, in-
cluding in vitro fertilization and other treat-
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ments or procedures in which reproductive ge-
netic material, such as oocytes, sperm, or em-
bryos, 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. 
(2) 
GESTATIONAL
SURROGATE.—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 fer-
tilization using gametes that are not the gametes of 
that individual. 
(3) PARTNER.—The term ‘‘partner’’, with re-
spect 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 re-
sult of the use of any fertility treatment under this 
section. 
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SEC. 103. ESTABLISHMENT OF FERTILITY PRESERVATION 
PROCEDURES AFTER AN INJURY OR ILLNESS. 
(a) IN GENERAL.—The Secretary of Defense, acting 
through the Assistant Secretary of Defense for Health Af-
fairs, shall establish procedures for the retrieval of repro-
ductive 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. 
(b) INCLUSION OF INFORMATION IN ADVANCED DI-
RECTIVES
AND
MILITARY
TESTAMENTARY
INSTRU-
MENTS.—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 mate-
rial. 
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