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Adam Schiff in the San Francisco Pride Parare in 2023; couple looks at ultrasound
Many LGBTQ+ taxpayers can't deduct expenses for these reproductive treatments now. Schiff's bill would change this.
U.S. Sen. Adam Schiff, a California Democrat, has introduced a bill to assure LGBTQ+ Americans equal access to assisted reproductive services.
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Schiff’s Equal Access to Reproductive Care Act, introduced Thursday, would classify these services, such as in vitro fertilization and surrogacy, as medical care for which expenses are tax-deductible under the Internal Revenue Act. Many LGBTQ+ taxpayers can’t deduct these expenses under current law. The bill would mandate equal treatment for all seeking these services, regardless of regardless of sexual orientation, gender identity, relationship status, or ability status.
“Assisted reproduction shall be treated as medical care of the taxpayer or the taxpayer’s spouse or dependent to the extent that the taxpayer or the taxpayer’s spouse or dependent, respectively, intends to take legal custody or responsibility for any children born as a result of such assisted reproduction,” the bill reads.
“Americans, including LGBTQ Americans, should have the freedom to start or expand a family without additional financial and systemic barriers that make it harder to afford reproductive health care services. This bill is crucial in correcting outdated tax laws in order to support LGBTQ individuals in family planning care,” Schiff said in a press release.
The Los Angeles LGBT Center and the National Health Law Program praised the bill.
“The Los Angeles LGBT Center applauds Senator Schiff for championing the Equal Access to Reproductive Care Act,” Joey Espinoza-Hernandez, director of policy and community building at the center, said in the release. “For far too long, LGBTQ+ families — especially families of color — have faced steep financial and legal barriers to building the futures they envision. This bill is a powerful step toward affirming that reproductive freedom includes the right to parent, no matter who you are or who you love. We’re proud to support legislation that moves us closer to a future where queer and trans families are seen, protected, and treated with dignity under the law.”
“The National Health Law Program (NHeLP) is a proud sponsor of the Equal Access to Reproductive Care Act,” added said Fabiola De Liban, the organization’s director of sexual and reproductive health. “NHeLP has a long history of working to improve access to sexual and reproductive health services that focus on the needs of people who are low-income, have disabilities, are BIPOC, and/or are LGBTQI. This is a bill that reflects our values of health equity and justice for everyone as well as aligns with our Principles on Assisted Reproduction, which establish that health coverage programs should cover assistance reproduction and cost should not be a barrier.”
Schiff first introduced this legislation with California Democratic Rep. Judy Chu in 2022 while serving in the U.S. House of Representatives.
The bill is endorsed by the Academy of Adoption and Assisted Reproduction, the American Society for Reproductive Medicine, the Center for Reproductive Rights, COLAGE (Children of Lesbians and Gays Everywhere), Equality California, Equality Federation, the Los Angeles LGBT Center, the National Health Law Program, the National Partnership for Women & Families, and Silver State Equality.
