January 19, 2026

Family Act: Tax Credit for Infertility Treatment Support

The Family Act proposes a $12,000 tax credit to help cover out-of-pocket infertility treatment costs, including IVF and fertility preservation. Senator Kristen Gillibrand advocates for this policy as part of her ‘American Opportunity Agenda,’ addressing gaps in the 1993 FMLA by providing paid family leave. Shady Grove Fertility supports the initiative, which covers 40% of IVF cycles nationwide.


Key Takeaways

IVF Tax Credit for Infertility Treatments Explained

The Family Act offers a $12,000 tax credit for eligible IVF expenses, covering 50% of out-of-pocket costs (e.g., $5,000 for $10,000 in IVF treatments). Taxpayers can claim the credit annually until reaching the $12,000 limit or carry it forward for five years.

Fertility Preservation Tax Credit for Cancer Patients

The bill includes coverage for fertility preservation procedures (e.g., egg freezing) for individuals diagnosed with cancer where treatment might cause infertility. This provides financial support for pre-cancer fertility planning.

Paid Family Leave Expansion Through Social Security

The Family Act creates a paid leave system funded by a 0.2% wage tax (max $4.36 weekly deduction). Workers receive up to two-thirds of their regular pay during leave, benefiting part-time, low-wage workers, and the self-employed.

Addressing Gaps in the 1993 FMLA for Working Families

The proposed act improves upon the outdated FMLA by enabling paid leave for caregiving responsibilities. This addresses income barriers for 50% of working mothers who cannot afford unpaid leave to care for sick children.

Advocacy for Wider Infertility Treatment Access

Senator Gillibrand’s Family Act aims to make IVF more affordable by expanding tax credits and insurance coverage. Shady Grove Fertility reports 40% of their IVF cycles treat infertility, highlighting the policy’s potential impact on patient access.


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