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Modern Fertility Law, the firm of Milena O'Hara, Esq.

Third-party assisted reproductive law attorney, including surrogacy, egg donation, sperm donation, and embryo donation.

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General

IVF and the Rise of the Single, Middle-Aged Mother

Modern Fertility Law · January 15, 2026 ·

In the last few decades, reproductive technology has reshaped not only who can become a parent, but how families are formed. One particularly notable demographic transformation has been the rise in single, middle-aged mothers — women in their 30s, 40s, and beyond who choose to have children without a partner, many of whom use IVF with donor sperm or other assisted reproductive technologies.

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1. A Demographic Shift: Who Are These Women?

In the U.S., the number of unmarried women in their 40s having babies has surged dramatically over recent decades — with data showing an approximate 250% increase over the past 30 years.

Several factors intersect here:

  • Delayed partner formation: Many women today delay long-term relationships due to educational goals, career building, economic independence, or changing personal priorities — a trend reflected in the fact that roughly 44% of U.S. women are unpartnered. 
  • Reproductive timing pressures: Women who focused on career or other life goals in their 20s and 30s may find themselves in their mid-30s without a stable partner when they decide they want to have children. When fertility declines with age, waiting for the “right partner” can suddenly feel like a gamble. In cases where time is short and conception is urgent, IVF — often combined with donor sperm — becomes a viable path to parenthood.
  • Evolving social acceptance: The concept of single motherhood by choice — once rare or socially frowned upon — has become more recognized, legally protected, and socially supported. Clinics report that single women now make up a growing share of those accessing donor sperm with IVF. 

These demographic shifts underpin the rising presence of single, middle-aged mothers — women who might not have had children without assisted reproduction technologies.

2. The Role of IVF in Expanding Reproductive Options

IVF is no longer just a solution to infertility caused by biological or medical issues. It has become a family-building tool for people with a wide range of reproductive goals, including single women who want children without a partner. IVF’s value isn’t just in helping couples with fertility issues — it also decouples reproduction from traditional relationships. Women can elect to use donor sperm and IVF as a path to biological parenthood without relying on a partner for conception.

This technological capability has profound demographic effects:

  • Greater autonomy: Single women have more control over timing and decision-making around parenthood.
  • Expanded family models: Families formed through IVF can include individuals, same-sex couples, and others outside traditional family structures.
  • Age extension of fertility: While IVF doesn’t stop biological aging, it can extend the window during which pregnancy is possible — particularly when combined with egg freezing or donor eggs.

As IVF becomes more widely known, accessible (in some regions), and socially acceptable, its role in enabling single women to become mothers has grown.

3. Statistical Trends and Societal Impact

While comprehensive global statistics on single, middle-aged mothers via IVF are limited, several trends signal a significant impact:

  • IVF births are increasing: In the U.S., nearly 100,000 babies are now born via IVF annually — a 50% rise over the past decade. 
  • Rise among older mothers: Older mothers, including those in their 40s, are contributing a growing share of IVF births. As fertility naturally declines with age, IVF helps many women conceive later than would otherwise be possible.
  • Increase in single women using IVF: The number of single women undergoing fertility treatments including IVF and donor insemination rose dramatically over the last couple of decades.

These trends intersect with broader societal shifts:

  • Delayed childbearing: Across high-income countries, people tend to have children later, often in their 30s and 40s.
  • Societal acceptance of diverse family forms: Single parenthood, childfree couples, blended families, and same-sex parent households are more common and socially accepted than in previous generations.
  • Declining traditional marriage rates: As marriage becomes less central to family formation for many people, alternative pathways like IVF become more salient.

Together, these trends suggest that IVF has not caused single motherhood on its own, but it has enabled and amplified a demographic that might have remained smaller or less visible in the past.

4. Social and Economic Dimensions

The rise of single, middle-aged mothers via IVF isn’t just a clinical phenomenon — it’s deeply tied to social and economic conditions.

Economic Access and Inequality

IVF remains expensive, with many women requiring multiple attempts to achieve pregnancy.

  • Insurance coverage varies widely; in the U.S., only a minority of employers or state mandates provide meaningful coverage for fertility treatments.
  • Single women who pursue IVF often have above-average education and income, because they need significant financial resources to afford the treatment.
  • In countries with public funding or national health systems, access can vary, but the trend toward more singles receiving treatment has also been noted internationally.

This economic dimension means IVF’s impact on single motherhood is not uniform — wealthier women are more able to access these technologies and build families through them.

Work and Career Considerations

Many women who become single mothers in their 30s or 40s have spent earlier years establishing careers. IVF enables them to pursue parenthood without putting professional ambitions on indefinite hold.

However, raising children solo also intersects with career challenges:

  • Single mothers often juggle work and childcare without a partner’s support.
  • Workplace policies around parental leave, flexible schedules, and childcare support become even more important.
  • There can be financial strain, particularly in professions without robust benefits.

These social realities shape the lived experience of many single, IVF-enabled mothers.

5. Motivations and Lived Experiences

Research into the motivations and experiences of women who choose to become single mothers through IVF reveals a complex mix of personal, emotional, and social factors:

  • Strong desire for motherhood: Many women prioritize having children and are unwilling to wait indefinitely for an ideal partner. IVF with donor sperm becomes a planned and intentional choice rather than a last resort.
  • Life goals and timing: Women who delayed parenthood for education, career, travel, or financial stability may find themselves in their late 30s or early 40s without a partner but ready for motherhood.
  • Community support and identity: Many single mothers by choice report strong family and community networks that help support them through pregnancy and parenting. 

At the same time, the emotional and physical challenges of IVF and solo parenting are significant. IVF success rates decline with age, and many women undergo multiple cycles, with varying emotional and financial tolls. Parenting without a partner can place additional burdens on time, energy, and social life.

6. Broader Family and Policy Implications

The increase in single, middle-aged mothers through IVF reshapes traditional notions of family and raises important questions for policy and society:

Public Health and Child Well-Being

Some research suggests that children born to single mothers or via ART may have slightly different health outcomes, including potentially higher rates of certain health risks, though outcomes are heavily mediated by socioeconomic status and healthcare access.

This underscores the importance of comprehensive healthcare support for families formed via IVF.

Access to Fertility Care

Given the high costs of IVF, there are ongoing debates about insurance coverage, government support, and equitable access to fertility treatments. Advocates argue for broader coverage to give more women the choice to pursue parenthood through IVF if they want it.

Workplace and Social Supports

As more single women choose to have children later in life, workplace policies — including parental leave, childcare support, and flexible scheduling — become critical for enabling these mothers to thrive both as parents and professionals.

7. Looking Ahead: Continued Change and New Norms

IVF’s role in enabling single, middle-aged motherhood is part of a larger picture in which reproductive choices are expanding, and family structures are diversifying. While the majority of women still prefer to have children within partnerships, IVF provides a viable alternative for those who want children but are without a partner when their fertility window narrows.

As IVF technology continues to improve and social norms continue to evolve, the number and visibility of single mothers by choice are likely to grow.

In many respects, IVF has become more than a medical procedure — it’s a social catalyst that allows individuals to define their own timelines and family structures, challenging traditional models of family and widening the spectrum of what it means to be a parent in the 21st century

Modern Fertility Law has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice. For further information on medical issues, please consult the American Society for Reproductive Medicine.

Limits to the Number of Embryos to Transfer in IVF: Balancing Success with Safety

Modern Fertility Law · January 14, 2026 ·

In vitro fertilization (IVF) has transformed fertility care, offering millions of individuals and couples the opportunity to become parents. A pivotal decision in an IVF cycle is how many embryos to transfer into the uterus. This choice directly affects the chances of pregnancy and the risk of multiple gestations (twins, triplets, etc.). Multiple pregnancies have significant health implications for both the parent, gestational carriers, and babies, making careful decision-making essential. Guidelines from major reproductive medicine organizations, such as the American Society for Reproductive Medicine (ASRM), provide structured recommendations that help clinicians and patients decide on the optimal number of embryos to transfer based on age, embryo quality, reproductive history, and other factors.

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Why Limits Exist: The Risks of Multiple Embryo Transfer

Transferring more than one embryo can increase the overall chance of achieving pregnancy in a single cycle. However, it also proportionately raises the risk of multiple pregnancies — pregnancies with more than one fetus. These carry a higher likelihood of:

  • Premature birth
  • Low birth weight
  • Gestational diabetes and hypertension
  • Cesarean delivery
  • Neonatal complications
  • Maternal health challenges

Multiple gestations are also more costly and resource-intensive in terms of prenatal care and neonatal support.

Because of these risks, modern reproductive medicine has shifted toward single embryo transfer (SET) in many cases, especially when the likelihood of implantation is high with one high-quality embryo.

Factors Influencing the Decision: Age of the parent, embryo quality, reproductive history, intent to cryopreserve, and financial considerations.

Trends and Future Directions

Over the past two decades, IVF practice has shifted toward reducing multiple births through lower embryo transfer numbers. This is reflected in declining rates of triplet and higher-order births and increased use of single-embryo transfer protocols when appropriate.

Technological advances, such as improved embryo selection tools, are enhancing the ability to choose the embryos most likely to result in a successful singleton pregnancy. Future developments in embryo assessment and personalized reproductive medicine may further refine transfer strategies.

Conclusion

Determining how many embryos to transfer during IVF is critical to balancing the goal of pregnancy with safety. Modern guidelines from organizations like ASRM and SART recommend individualized approaches that consider age, embryo quality (especially genetic status), reproductive history, and patient preferences. The trend toward elective single embryo transfer reflects a commitment to reducing the risks associated with multiple pregnancies while maintaining high success rates.

Modern Fertility Law has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice. For further information on medical issues, please consult the American Society for Reproductive Medicine.

ASRM and ACOG’s Gestational Carrier Recommendations

Modern Fertility Law · January 14, 2026 ·

Assisted reproductive technologies (ART) have transformed the landscape of family building, with IVF working with gestational carriers playing an increasingly important role for individuals and couples who cannot safely carry a pregnancy themselves. Unlike traditional surrogacy, where the carrier also provides the egg, gestational carriers carry a pregnancy without genetic relation to themselves, offering a medically sophisticated and legally clearer pathway for family formation.

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However, working with gestational carriers is complex medically, psychologically, and legally. Recognizing this, professional bodies like the American Society for Reproductive Medicine (ASRM) and American College of Obstetricians and Gynecologists (ACOG) have released recommendations for clinicians and programs offering these services.

1. When to Consider Working with a Gestational Carrier

A foundational aspect of practice is deciding when working with a gestational carrier is appropriate. According to ASRM, working with a gestational carrier is recommended when a medical or psychological condition would preclude a safe pregnancy for the intended parent or would pose significant risk to the parent or future child.

  • Absence of a uterus (due to congenital absence or prior hysterectomy).
  • Uterine abnormalities (irreparable scarring or significant malformation).
  • Medical conditions that make pregnancy life-threatening (e.g., pulmonary hypertension or severe cardiac disease).
  • Absolute psychological contraindications to pregnancy.
  • Situations where the intended parent is biologically unable to carry (e.g., single male or male couples). 

2. Screening and Evaluation of Intended Parents and Genetic Contributors

Before initiating any reproductive cycle with a gestational carrier, screening of intended parents and any genetic contributors is essential. ASRM emphasizes a thorough medical evaluation, genetic screening, and psychosocial preparation.

Medical Evaluation

Intended parents should undergo a complete history and physical, including any assessments necessary to ensure that egg retrieval and embryo creation procedures can safely proceed. This includes evaluation of reproductive history, relevant co-morbidities, and readiness for ART.

Genetic Screening

All gamete sources — whether from intended parents or donors — should receive appropriate genetic screening. ASRM strongly recommends pan-ethnic expanded carrier screening (not ethnicity-based panels alone), given the limitations of self-reported ancestry in identifying recessive conditions.

Screening typically includes conditions such as cystic fibrosis, spinal muscular atrophy, and thalassemia/hemoglobinopathies, with additional testing as indicated by history or family background. Ideally, the same panel should be used for all contributors.

3. Selection and Care of the Gestational Carrier

Selecting and preparing the gestational carrier is one of the most critical components of successful IVF reports with surrogacy.

Medical Criteria

According to ASRM and endorsed in educational fact sheets:

  • The ideal carrier is typically aged 21–45, though some cases may extend beyond this range with appropriate informed consent.
  • She should have had at least one uncomplicated term pregnancy previously.
  • A limit of around five total deliveries and no more than three cesarean sections is often recommended to reduce obstetric risk.
  • A stable family and social support environment should be evident to help manage the stresses of pregnancy. 

Infectious Disease Screening

ASRM’s guidance outlines extensive infectious disease testing for carriers.

Uterine Evaluation

Assessment of the uterine cavity is recommended to rule out structural abnormalities that could interfere with implantation or pregnancy progression.

Psychosocial Evaluation

One of the most emphasized recommendations is formal psychosocial evaluation of the gestational carrier and intended parents. Mental health professionals conduct clinical interviews, validated psychological inventories, and counseling to ensure the parties full understand the implications, to ensure the parties have the same expectations, and supports are in place if stress arises.

4. Legal and Contractual Considerations

All parties must obtain independent legal counsel, experienced in third-party reproduction law, before any medical interventions begin.

A legally enforceable contract should address:

  • Parentage and non-parentage determinations.
  • Medical decision-making during pregnancy.
  • Financial arrangements (fees, expenses, insurance coverage).
  • Expectation around delivery logistics, and post-birth contact or disclosure.
  • Risk allocation for prenatal testing results, complications, or multifetal pregnancies.

Conclusion

IVF involving gestational carriers demands comprehensive protocols that address medical safety, psychological wellbeing, legal clarity, and ethical integrity.

Modern Fertility Law has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice. For further information on medical issues, please consult the American Society for Reproductive Medicine.

Creating an Inclusive IVF Environment for LGBTQIA+ Parties

Modern Fertility Law · January 12, 2026 ·

Infertility and family building are deeply personal journeys—intensified for lesbian, gay, bisexual, transgender, queer/questioning, intersex, asexual, and other gender-diverse (LGBTQIA+) parties. Historically, reproductive medicine has centered heteronormative assumptions, inadvertently marginalizing many people who want to start or grow families. To provide equitable, compassionate care, professionals must adopt inclusive language and intentional environments that truly welcome LGBTQIA+ parties.

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Here we’ll explore why inclusivity matters in IVF, how language shapes Party experience, and concrete strategies for creating environments where LGBTQIA+ parties feel respected, affirmed, and empowered throughout the IVF process.

Why LGBTQIA+ Inclusion Matters in IVF

1. Reducing Barriers to Care

LGBTQIA+ parties often encounter barriers including:

  • Assumptions about sexual orientation and gender identity.
  • Invasive or inappropriate questions.
  • Forms and communications that only recognize “mother/father” or binary gender options.
  • Lack of understanding of diverse family structures and reproductive needs.

These barriers can discourage individuals or couples from pursuing fertility treatment—even when medically indicated.

2. Improving Health Outcomes

Inclusive care leads to better psychological and medical outcomes. Parties who feel respected are more likely to:

  • Communicate openly with providers.
  • Adhere to treatment plans.
  • Experience reduced stress and anxiety during a process that is already emotionally and physically demanding.

3. Ethical and Legal Imperatives

Professionals have an ethical responsibility to provide nondiscriminatory care. In many places, laws also prohibit discrimination based on sexual orientation and gender identity. An inclusive practice is not just compassionate—it’s compliant.

The Power of Language in Party Care

Language is more than words—it shapes perception, trust, and belonging. For LGBTQIA+ parties, everyday language can either affirm identity or reinforce exclusion.

Inclusive Language Principles

Below are foundational principles to guide communication:

1. Use Gender-Affirming Terminology

Avoid assumptions about gender or relationships. Recognize that:

  • A “partner” might be male, female, nonbinary, or gender-diverse.
  • Terms like “mother” and “father” may not apply.

Preferred alternatives:

  • Instead of “Mom/Dad,” use parent, guardian, parent 1/parent 2.
  • Instead of “husband/wife,” use partner/spouse.
  • Instead of “woman/man with infertility,” use person/couple seeking IVF.

2. Respect Pronouns

Always ask for and use party’s correct pronouns (e.g., she/her, he/him, they/them, neopronouns). Misgendering can cause harm—even unintentionally.

Best practice:

  • Introduce your own pronouns (“Hi, I’m Dr. Lee, and I use she/her pronouns. What pronouns do you use?”)
  • Include pronoun fields on intake forms.
  • Train all staff to practice and normalize pronoun sharing.

3. Avoid Heteronormative Assumptions

Default assumptions about relationships or reproductive plans can alienate LGBTQIA+ parties. For example:

  • Don’t assume sperm donation is needed for all lesbian couples.
  • Don’t assume both partners want to carry a pregnancy.

Words to Avoid

  • “Real mother/father”
  • Gendered body assumptions (e.g., “as a woman, you must…”)
  • Binary language where diversity exists

Words to Use

  • Affirming terms like gestational carrier, intended parent(s), assigned male/female at birth (only when medically relevant and with consent).

Inclusive Intake Forms & Documentation

Forms are often the first interaction parties have with a professional. They set the tone for inclusivity.

1. Gender and Name Fields

Include:

  • Legal name — for insurance and records
  • Chosen name — for respectful communication
  • Pronouns — with options and a free-text field

Example:

Legal Name: __________

Chosen Name (if different): __________

Pronouns: ________ (she/her, he/him, they/them, other)

Avoid:

  • Gender checkboxes restricted to “Male/Female”
  • Questions that require explanation for nonbinary identities

2. Family Structure & Partner Information

Replace:

  • “Mother” and “Father” with neutral terms like contact parent/guardian, partner, intended parent.

For example:

Party Relationship Status: ___ (single / married / partnered / other)

Partner’s Name: __________

Partner’s Pronouns: __________

Relationship to Party: __________

Conclusion: Beyond Words—Towards Welcoming Care

Inclusive language and welcoming environments are not “extras” in reproductive care—they are essential for providing equitable, respectful IVF services to LGBTQIA+ parties. By reexamining language, redesigning intake systems, training staff, and affirming every parent’s journey, professionals can transform party experiences and outcomes. Inclusivity is rooted in dignity, respect, and care.

Modern Fertility Law has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice. For further information on medical issues, please consult the American Society for Reproductive Medicine.

Unequal Beginnings: Disparities in Access to Infertility Treatment in the United States

Modern Fertility Law · January 8, 2026 ·

Infertility affects millions of people in the United States, yet meaningful access to treatment remains deeply unequal. Although infertility is recognized by major medical authorities as a disease, significant economic, geographic, cultural, and systemic barriers prevent many Americans from receiving the care they need. These disparities are shaped by where people live, how much money they earn, who they are, and how they interact with the health care system — resulting in uneven access to diagnosis, treatment, and successful outcomes. 

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What Is Infertility and Why Does Access Matter?

Infertility is medically defined as the inability to conceive after 12 months of regular unprotected intercourse or a related reproductive issue in individuals or couples seeking pregnancy. It affects both women and men, with roughly 12% of women in reproductive age and nearly 10% of men experiencing impaired fecundity nationwide. 

Infertility isn’t merely a medical condition — it has profound psychological, relational, and economic ramifications. Those struggling with fertility often encounter stigma, mental health challenges like depression and anxiety, and social stressors related to family and community expectations. 

Despite its prevalence and implications, substantial disparities exist in who gets care — and who doesn’t.

Regional Disparities: Geography and Treatment Access

One of the clearest barriers to infertility care in the U.S. is geography.

Infertility Clinics Are Unevenly Distributed

Fertility clinics and specialists such as reproductive endocrinologists are concentrated in urban, high-income areas and states with favorable insurance laws. Many parts of the country — especially rural regions — lack reproductive technology services entirely. Research suggests that approximately 18 million women of reproductive age live in areas without any Assisted Reproductive Technology (ART) clinic, while another several million have access to just one. Springer

Several states — particularly in the South and Midwest — have few reproductive specialists, while states with IVF insurance mandates and higher incomes, such as Massachusetts or Connecticut, tend to have more clinics and providers. 

Cost Disparities by Region

Even the costs associated with basic infertility evaluation — before any advanced treatment — vary significantly by region. A study of diagnostic workup costs found that total expenses can range widely, with some states charging nearly four times more than others for the same evaluations. Infertility workups averaged highest in the Midwest and lowest in the West, closely linked to local median income levels. PubMed

This uneven cost landscape means that people living in certain regions may face substantial financial burdens just to get diagnosed, which can deter or delay treatment entirely.

Financial Barriers: The Cost of Wanting a Child

Perhaps the most discussed and profound component of access disparities in infertility care is financial cost.

High Treatment Costs without Insurance

Unlike many medical conditions, fertility treatments — particularly advanced options like in vitro fertilization (IVF) — are seldom fully covered by health insurance in the U.S. Most patients pay out of pocket for fertility care, leading many to incur significant debt or forego care altogether. 

Estimating the true cost of treatment depends on individual needs, but a single IVF cycle — including medications — can average around $19,000 or more. If multiple cycles or additional procedures are required, costs can quickly exceed what many households earn in a year. 

Thousands of Americans turn to medical crowdfunding or loans to cover these expenses — but success is uneven and often hinges on someone’s social network and visibility, further amplifying inequities. Anecdotal reports from patients describe paying tens of thousands of dollars out of pocket, with many depleting savings or going into debt to afford treatment. Reddit+1

Limited Insurance Coverage

Insurance coverage for fertility care in the U.S. is patchy at best. While 15 states have laws requiring some private insurers to cover fertility services, the requirements vary widely and often exclude major portions of the population. Medicaid, the federal/state program for low-income individuals, rarely covers infertility care — and in most states covers no fertility treatments at all. KFF

Even in states with mandates, large employer plans that are self-insured are exempt from state rules under federal law, meaning many workers receive no coverage despite living in a so-called “mandate state.” 

Impact on Lower-Income and Working-Class People

The result of these financial realities is stark: those with lower incomes or less comprehensive insurance are far less likely to pursue or complete infertility treatment. Studies demonstrate that Black and Hispanic women — who on average have lower household incomes — report using infertility care at much lower rates than White women. KFF

Additionally, the fear of rising costs leads patients to delay or discontinue treatment. Some studies report that more than one-third of women undergoing IVF stopped treatment due to cost concerns. 

Economic and Insurance Logistics: The System’s Role

The economic disparities in care trace back to systemic features of the U.S. health care system.

Employer Insurance Complexity

The majority of Americans obtain health insurance through employers, but coverage for infertility treatments is far from universal. Only a minority of large employers voluntarily include IVF benefits. For federal employees, Medicaid recipients, and those relying on certain private plans, fertility treatments often remain uncovered. SpringerLink

Moreover, insurance plans may impose restrictive criteria (e.g., requiring months of trying without pregnancy, excluding single or LGBTQ+ individuals) that limit eligibility for covered services. Such administrative barriers functionally exclude many people from care even if insurance nominally covers some treatments.

Cost-Driven Treatment Decisions

When substantial costs fall on patients, treatment decisions often prioritize affordability over medical best practices. For example, some people may choose to transfer multiple embryos in a single IVF cycle to maximize their chance of pregnancy per cycle — a strategy that can increase health risks but reduce financial burden. 

Personal and Cultural Barriers

Financial and systemic challenges are compounded by personal, social, and cultural barriers that may dissuade people from seeking care.

Stigma and Misunderstanding

Certain cultural groups may carry stigma around infertility, leading individuals to delay care or avoid medical intervention altogether. Research indicates that within Black, Hispanic, Asian, and Muslim communities, social pressures, communication differences, privacy concerns, and mistrust of the medical system can reduce the likelihood of seeking treatment.  Integration

Language barriers and lack of culturally competent education about fertility and available treatments further exacerbate these disparities, as does the uneven distribution of fertility education resources across communities. Springer

Discrimination and Implicit Bias

Studies suggest that Black women are significantly more likely to report race as a perceived barrier to receiving fertility care compared with white women. They are also more likely to cite income and other factors as obstacles. PubMed

In some cases, patients have reported that care providers make assumptions about fertility potential based on race or ethnicity, downplaying concerns or steering patients toward other reproductive goals rather than assisting with fertility problems.  Integration

LGBTQ+ and Single Parents

Definitions of infertility that hinge on heterosexual intercourse unintentionally exclude many same-sex couples and single parents, complicating access to coverage and services. LGBTQ+ individuals often face additional administrative hurdles to obtain authorized care or insurance coverage, and sometimes pay out of pocket for donor sperm, eggs, or gestational carrier services that heterosexual couples do not. KFF

Health Disparities in Treatment Outcomes

Access issues extend beyond whether someone receives care to how successful that care is.

Even when treatment is obtained, existing research shows that racial and ethnic minorities may experience lower success rates with fertility treatments like IVF. Studies indicate that Black, Asian, and Hispanic women have lower clinical pregnancy and live birth rates and higher miscarriage rates compared with non-Hispanic white women — a disparity that remains poorly understood but may involve biological, behavioral, or care-related factors. PubMed

Delayed access to care — due to cost, stigma, or systemic barriers — likely contributes to worse outcomes, as older age at treatment is linked to lower fertility success. PubMed

Toward Solutions: Policy and Practice

Addressing disparities in infertility care demands action on multiple fronts:

Insurance Reform

Expanding comprehensive insurance coverage for infertility services across all states and insurance types — including Medicare and Medicaid — would substantially reduce financial barriers. Advocates argue that fertility care should be treated as essential health care rather than an elective option. ACOG

Geographic Equity

Policies that incentivize the establishment of reproductive care centers in underserved areas — or support telemedicine where appropriate — could help mitigate geographic disparities in access.

Cultural Competency

Health systems must improve culturally competent care, address stigma, and ensure language barriers are overcome so that all communities are informed about treatment options and access points.

Data and Research

More research is needed to understand why treatment outcomes differ among groups and how to tailor interventions effectively.

Conclusion

Infertility should be a matter of health equity, not privilege. Yet in the United States, access to infertility treatment is shaped by where someone lives, how much they earn, what insurance they hold, and who they are. Economic barriers, regional imbalances, cultural stigmas, and systemic biases all contribute to an uneven fertility care landscape that disadvantages many Americans.

For a society that values family and health equity, ensuring fair access to infertility treatment — from diagnosis to outcomes — is an urgent priority. Closing these gaps will require thoughtful policy reform, systemic healthcare changes, and a broader societal recognition that building a family is a basic human concern, not a luxury reserved for the few.

Modern Fertility Law has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice. For further information on medical issues, please consult the American Society for Reproductive Medicine.

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