H.R. 4855 — Veteran Families Health Services Act of 2025

This section establishes definitions for the terms "active duty" and "Armed Forces" for purposes of this title, adopting the meanings given those terms in 10 U.S.C. §§ 101(d)(1) and 101(a)(4), respectively.

This section requires the Secretary of Defense to make available fertility treatment and counseling—defined to include oocyte/sperm/embryo preservation, artificial insemination, assisted reproductive technology (including in vitro fertilization), embryo genetic testing, medications, gamete donation, and related services—to members of the Armed Forces and their spouses, partners, or gestational surrogates, without regard to the member's or spouse's/partner's sex, sex characteristics, gender identity, sexual orientation, infertility diagnosis, or marital status. For in vitro fertilization, treatment is limited to three completed oocyte retrievals and unlimited embryo transfers; if a member cannot provide reproductive genetic material, the Secretary must allow use of donated material and reimburse reasonable procurement costs. (As background, this supplements and expands DoD authority under current law to provide in vitro fertilization benefits to service members facing infertility due to deployment or service.)

This section directs the Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, to establish procedures for retrieving reproductive genetic material (such as sperm or oocytes), as soon as medically appropriate, from active duty service members whose fertility is potentially jeopardized by a service-related injury or illness, to preserve their medical options. The section also requires advance medical directives and military testamentary instruments to include questions on member consent to such procedures and on rights, ownership, and use of the material.

This section directs the Secretary of Defense to provide members of the Armed Forces on active duty, at no cost, with retrieval, testing, cryopreservation, shipping, and storage of their reproductive genetic material (such as sperm or oocytes) prior to deployment to a combat zone or a hazardous duty assignment (including exposure to perfluoroalkyl or polyfluoroalkyl substances, or as otherwise determined by the Secretary). These services continue at no cost until one year after the member's retirement, separation, or release from the Armed Forces, after which the member may continue storage in the military facility at their own expense or transfer the material to a private facility. Members electing this benefit must complete an advance medical directive and military testamentary instrument specifying use of the material if they die or lose capacity to consent.

This section directs the Secretary of Defense to ensure that Department of Defense employees assist members of the Armed Forces with respect to reproductive and fertility preservation services by (1) helping them navigate services provided under this title, (2) identifying a provider that meets their needs for such services, and (3) ensuring continuity of such services without interruption during a permanent change of station.

This section directs the Secretaries of Defense and Veterans Affairs to share best practices and facilitate referrals, as appropriate, for fertility treatment and counseling for eligible individuals. The section further requires the secretaries to enter into a memorandum of understanding regarding (1) coordination of fertility preservation care and continuation of coverage without interruption for members of the Armed Forces transitioning to veteran status and (2) authorizing the Department of Veterans Affairs to compensate the Department of Defense for cryopreservation, transportation, and storage of veterans' reproductive genetic material under section 104(b)(2)(A).

This section establishes a requirement for the Department of Veterans Affairs (VA) to furnish fertility treatment and counseling—defined to include oocyte, sperm, and embryo preservation; artificial insemination; assisted reproductive technology such as in vitro fertilization (IVF); embryo genetic testing; fertility medications; gamete donation; and related services—to covered veterans (i.e., those enrolled in the VA health care system under 38 U.S.C. §1705(a)) and their spouses, partners, gamete donors, or gestational surrogates upon informed consent, without regard to the veteran's or spouse's/partner's sex, sexual characteristics, gender identity, sexual orientation, infertility diagnosis, or marital status. For IVF, VA may provide up to three completed oocyte retrievals and unlimited embryo transfers; copayments apply if otherwise required for the veteran. (Thus, this expands VA fertility coverage beyond prior limits, which generally excluded comprehensive IVF and surrogacy-related services.) The section further requires VA, if a covered veteran cannot provide reproductive genetic material, to allow use of consented donated material and pay or reimburse reasonable procurement costs for the veteran, donor, or donor's agent, plus associated travel and incidental expenses. Additionally, the section (1) directs VA to conduct outreach and training on the program's availability, eligibility, and changes; (2) limits VA's role by excluding it from ownership, custody, or dispute resolution over reproductive genetic material, which remains the responsibility of the veteran, spouse/partner/surrogate, and storing facility; and (3) clarifies VA need not find or certify surrogates or furnish maternity care beyond existing authorities. A conforming amendment updates the table of sections for 38 U.S.C. chapter 17.

This section establishes adoption assistance under which the Secretary of Veterans Affairs may pay covered veterans (as defined in 38 U.S.C. §1720M(f), i.e., certain post-9/11 combat veterans enrolled in VA health care) an amount not to exceed the cost of three adoptions as determined by the Secretary. Such payments apply without regard to the covered veteran’s sex, gender identity, sexual orientation, or marital status.

This section directs the Secretary of Veterans Affairs to ensure that Department of Veterans Affairs (VA) employees assist veterans—(1) in navigating reproductive and fertility preservation services provided under this title; (2) in finding a provider that meets such veterans' needs for those services; and (3) in continuing receipt of those services without interruption if the veterans relocate.

This section requires the Secretary of Veterans Affairs to facilitate research conducted collaboratively by the Secretaries of Defense and Health and Human Services to improve the Department of Veterans Affairs' ability to meet long-term reproductive health care needs of veterans with conditions affecting reproduction. The section further requires dissemination of useful research information throughout the Veterans Health Administration.

This section directs the Secretary of Veterans Affairs to prescribe regulations implementing VA fertility treatment and counseling (new 38 U.S.C. §1720M) and adoption assistance (new 38 U.S.C. §1790) not later than two years after enactment of this Act.