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Thursday, January 22, 2026

State Laws Aim to Reverse Baby Bust and Cut IVF Costs - Ogletree

  • A number of state laws enacted in 2024 or 2025 aim to expand insurance coverage for fertility treatments or give employees time off for reproductive losses or to care for a newborn in intensive care.
  • More states could decide to continue this trend in 2026.
  • The 2025 federal budget reconciliation bill instituted Trump Accounts with $1,000 contributions for newborns who are American citizens.

The following states and localities recently passed laws concerning insurance coverage or leaves of absence related to pregnancy, childbirth, or fertility treatments.

  • California: On September 29, 2024, Governor Gavin Newsom signed Senate Bill (SB) No. 729 into law, requiring large insured group health plans to cover diagnosis and treatment of infertility. This includes coverage for in vitro fertilization (IVF) with up to three egg retrievals and unlimited embryo transfers. This law took effect on July 1, 2025. Another law took effect in January 2024 to require California employers to provide five days of paid leave for employeesafter amiscarriage, stillbirth, failed surrogacy, failed adoption, or unsuccessful assisted reproduction procedure.
  • Colorado: Governor Jared Polis signed into law a bill that expands the state’s Family and Medical Leave Insurance (FAMLI) program to provide up to twelve weeks of paid leave for parents with a child in a neonatal intensive care unit (NICU). It will take effect on January 1, 2026.
  • District of Columbia: The Expanding Access to Fertility...


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