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About the Family Act, S 881/HR 1851

Updated: 7/03/2013

Tax Credit Bill for Infertility Treatments introduced in the U.S. Senate and U.S. House of Representatives

A bill to create a tax credit for the out-of-pocket costs associated with in vitro fertilization (IVF) and fertility preservation, the Family Act was introduced in the U.S. Senate by Senator Kirsten Gillibrand (D-NY) and in the U.S. House of Representatives by Congressman John Lewis (D-GA) in May, 2013. This bill was first introduced in 2011 during the 112th Congress which ended in December 2012. The bill did not pass and was re-introduced in the 113th Congress. The Family Act, (S 881/HR 1851) will help thousands of people access medical treatment for infertility that otherwise would be unavailable for them due to lack of insurance coverage. RESOLVE supports this bill and needs your help getting this bill passed and made into a law.

Key provisions of the Family Act House and Senate bill:

  • The Family Act covers the out-of-pocket costs associated with in vitro fertilization (IVF) including medical procedures, prescription medications, professional charges, the transfer of an embryo and other necessary costs.
  • The Family Act covers the out-of-pocket costs of fertility preservation procedures if the man or woman is diagnosed with cancer and the cancer treatment or disease itself may result in infertility.
  • The Family Act provides an approximately $12,000 tax credit to eligible tax payers. The tax credit is available in part or in whole on an annual basis until the taxpayers reaches the aggregated limit of $12,000. Eligible taxpayers may carry the credit forward for five years.
  • Eligible taxpayers may claim the credit for up to one-half of their expenses: a person who spends $10,000 out-of-pocket  on IVF will be eligible for a $5,000 tax credit.
  • The tax credit carries over into the next tax year if you do not reach the limit in the first year.
  • The credit is available to taxpayers with an adjusted gross income of approximately less than $189,000 and phases out for those whose income reaches $229,000.

Read our Frequently Asked Questions about the Tax Credit Bill. Get the latest information about this Bill's status here.

How does a bill become law?

Send a letter to your two U.S. Senators and your U.S. Representative asking them to co-sponsor the Family Act. Use RESOLVE's online Action Alert system to send your letter immediately. It takes less than 5 minutes to send your letter today. Please remember to personalize your letter so that your legislators know why this bill is important to you and the people from your state.

Family Building Professionals! Use this link to send letters of support to your Congressmen.

DONATE Now!
We need your financial support to fight for the rights of women and men who living with infertility.  Your donations will help RESOLVE to pass The Family Act of 2013protect current insurance mandates at the state level, to stop legislation that would negatively impact access to infertility treatment, ensure the continuation of the Adoption Tax Credit is expanded to help more families, and be the public voice that fights for the rights of those diagnosed with infertility. Donations to RESOLVE are tax-deductible to the extent allowed by U.S. Law.

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