Building a family is one of life’s most personal and profound journeys. Yet for too many Californians, accessing fertility treatment has been an impossible dream due to insurance not covering treatment. That’s changing this month.
Starting January 1, 2026, California is leading the nation in ensuring insurance coverage for all Californians seeking to build families through the passage of Senate Bill 729. This legislation expands access to infertility diagnosis and treatment, including in vitro fertilization (IVF), for thousands of individuals and families who were previously excluded under prior state law.
What SB 729 Means for California Families
Under the new law, fully insured large employer health insurance plans are now required to cover infertility diagnosis and treatment. This includes critical services such as multiple egg retrievals and embryo transfers; these procedures were often excluded or severely limited under previous insurance policies. “Large employer” means companies with 100 or more employees. “Fully insured” means companies pay premiums to an insurance company that pays out claims. Fully insured is the opposite of “self-funded,” where companies pay employees’ insurance claims out of their own funds. The law also does not apply to small group plans (fewer than 101 employees), though small group insurers must offer fertility coverage as an option. Additionally, CalPERS participants (California state employees) will see coverage begin on July 1, 2027, rather than January 1, 2026.
The law removes prior exclusions that disproportionately affected single parents and members of the LGBTQ+ community, creating a more equitable path to parenthood for all Californians. Whether someone is a single person hoping to become a parent, a same-sex couple building their family, or anyone facing fertility challenges, this law recognizes Californians’ right to access care.
When Does Coverage Begin?
For Californians who have a fully insured health plan through a large employer (100+ employees), coverage under SB 729 kicks in at the plan’s first renewal after January 1, 2026. This means most covered Californians will see this expanded coverage applied in the coming months when their insurance plans renew.
It’s important to note that the law applies to fully insured plans but not self-funded plans. HR departments or insurance providers can clarify plan type.
What’s Covered Under the New Law
SB 729 requires coverage for a comprehensive range of fertility services, including:
- Infertility diagnosis and testing
- Fertility preservation
- In vitro fertilization (IVF)
- Maximum three completed oocyte retrievals
- Unlimited embryo transfer procedures
- Other medically necessary fertility treatments
Notably, the law prohibits health plans from imposing different limitations, exclusions, deductibles, copayments, or coinsurance for fertility services than they do for other medical conditions.
This expanded coverage means that families will not have to make impossible choices between pursuing their dreams of parenthood and financial stability.
Who Benefits from This Change
While SB 729 benefits all Californians facing fertility challenges, it particularly removes barriers that have long prevented certain groups from accessing care. The law prohibits discrimination: “on the basis of age, ancestry, color, disability, domestic partner status, gender, gender expression, gender identity, genetic information, marital status, national origin, race, religion, sex, or sexual orientation.” Single parents by choice and LGBTQIA+ individuals and couples have historically faced discriminatory coverage exclusions or requirements that did not reflect the reality of their family-building journeys. By removing these exclusions, California is affirming that all paths to parenthood deserve support and protection.
Moving Forward
The passage of SB 729 represents a significant step toward reproductive justice and equitable access to healthcare in California. For thousands of families, this law transforms what was once an impossible dream into an achievable reality.
If you’ve suffered harm due to negligent practices along your fertility journey, contact Clarkson Law Firm for a confidential consultation. Every family deserves the chance to grow, and we’re here to help lend our support on your journey.
Read more about Clarkson’s fertility negligence practice group.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For guidance regarding your specific situation, consult with an attorney.
