For many Californians, the high cost of fertility care has been a major barrier to building a family. Senate Bill 729 (SB 729), taking effect in 2026, seeks to change that by requiring many health insurance plans to cover infertility diagnosis and treatment — including IVF and some services related to surrogacy. This new law aims to make modern family-building options more financially accessible and inclusive.
What SB 729 Covers
Beginning January 1, 2026, most large-group insurance plans in California must cover fertility care, including:
1. IVF Coverage for Large-Group Plans
- Up to three completed egg retrievals
- Unlimited single-embryo transfers in line with ASRM guidelines
2. Infertility Coverage Must Be Offered to Small Groups
Small-group plans must make infertility coverage available, though it may require purchasing an additional rider.
3. Inclusive Definition of Infertility
SB 729 expands eligibility to reflect real-world family-building paths:
- Not limited to heterosexual intercourse
- Includes single individuals and LGBTQ+ couples
- Recognizes donor eggs, donor sperm, and gestational surrogacy
4. Coverage for Key Fertility Services
Plans must cover:
- Diagnostic evaluations
- IVF procedures
- Egg retrieval
- Embryo creation and transfer
- Fertility medications
- Medical care involving donors or surrogates
How SB 729 Impacts Surrogacy
SB 729 provides protections for intended parents using a gestational carrier by requiring insurers to cover certain medically necessary services tied to the intended parent’s infertility, including:
- Egg retrieval
- Embryo creation
- Fertility medications
- Embryo transfer (even if performed on the surrogate)
Not covered:
- The surrogate’s prenatal care or delivery
- The surrogate’s insurance
- The baby’s hospital expenses
These must still be handled through separate insurance arrangements.
Who Qualifies Under the New Infertility Definition?
You may qualify if:
- A doctor determines you cannot reproduce without medical intervention
- You’re single or in an LGBTQ+ relationship
- You need donor sperm/eggs or a gestational carrier
- You’re undergoing medical treatment (like chemotherapy) that affects fertility
- You’ve been unable to conceive or carry a pregnancy after proper evaluation or treatment
The old requirement of 6–12 months of heterosexual intercourse is no longer the standard.
SB 729 also prohibits discrimination based on sexual orientation, gender identity, marital status, age (when medically appropriate), race, or domestic partnership status.
What Treatments Are Included?
Covered services under SB 729 may include:
- Infertility diagnosis and testing
- IVF
- Up to three egg retrievals
- Unlimited single-embryo transfers
- Fertility medications
- Donor-related medical services
- Fertility preservation prior to medical treatments such as chemotherapy
Coverage specifics may vary based on plan type and renewal date.
Which Insurance Plans Must Follow SB 729?
Required to Comply:
- Most large-group employer plans
Exempt:
- Self-funded (ERISA) employer plans
- CalPERS plans (until July 1, 2027)
- Certain Medi-Cal managed care plans
- Religious employers
- Federal plans such as TRICARE
Always verify whether your employer offers a self-funded or fully insured plan.
Final Thoughts
SB 729 represents a major step forward in making fertility treatment more accessible and equitable in California. While it may not cover every aspect of surrogacy, it significantly expands insurance protections for intended parents pursuing IVF and other fertility services.
Because plan types and exemptions vary, many people benefit from legal guidance when navigating these new rights.
Moradi Neufer advises intended parents and gestational carriers and can help you determine how SB 729 applies to your family-building journey.