2024 Massachusetts Advocacy Efforts
Active Family Building Legislation
An Act Relative to Preserving Fertility (H.1041/S.598)
Lead Sponsors: Rep. Kevin Honan and Sen. Cynthia Creem
Update May 2024: Good news! Language very similar to this bill has passed both the House and Senate budgets, so this is poised to become law when the FY2025 state budget is approved.
Massachusetts has the opportunity to protect future family building by providing fertility preservation coverage to all individuals with a medical need. More information is on the MA Fertility Preservation Fact Sheet.
An Act to Ensure Legal Parentage Equality (H.4672/S.947)
Lead Sponsors: Reps. Sarah Peake and Hannah Kane; Sens. Julian Cyr and Bruce Tarr
This bill, the Massachusetts Parentage Act (MPA), ensures that all children will have access to the security of legal parentage, regardless of the circumstances of their birth. The MPA updates the state parentage laws to secure equality for all children in the Commonwealth. It is based on the Uniform Parentage Act of 2017. AllPaths is proud to be part of the MPA Coalition, and more information can be found on the coalition website.
An Act Designating September as PCOS Awareness Month (H.3090/S.2030)
Lead Sponsors: Rep. Samantha Montano and Sen. Liz Miranda
Polycystic Ovary Syndrome (PCOS) is a serious genetic, hormone, metabolic and reproductive disorder that can lead to lifelong complications, psychosocial disorders, obesity, cardiovascular disease, type 2 diabetes, infertility, nonalcoholic fatty liver disease, endometrial cancer, maternal/fetal health complications and other conditions. PCOS is an extremely common endocrine disorder, yet there is widespread lack of awareness, with 50% of people with PCOS being undiagnosed or misdiagnosed.
An Act Relative to Pregnancy Loss Leave (H.4278/S.1201)
Lead Sponsors: Rep. Lindsay Sabadosa and Sen. Joan Lovely
This bill provides protected paid leave for people to cope with a pregnancy loss, an unsuccessful assisted reproductive technology procedure (such as IVF), a disrupted adoption or surrogacy match, or a challenging medical diagnosis related to pregnancy or fertility. This inclusive language recognizes that loss and grief can come in various forms.
An Act Relative to Pregnancy Loss Awareness (H.2265)
Lead Sponsor: Rep. Lindsay Sabadosa
This bill directs the Department of Public Health to provide public information about pregnancy loss, as well as data collection and analysis.
An Act Designating October 15th as Pregnancy and Infant Loss Awareness Day (S.2005)
Lead Sponsor: Sen. Paul Feeney
October 15 will be recognized annually in Massachusetts as Pregnancy and Infant Loss Awareness Day to increase public awareness of the prevalence of pregnancy loss, as well as the physical and mental toll that individuals face from experiencing loss when trying to grow a family.
An Act Relative to LGBTQ Family Building (S.622)
Lead Sponsor: Sen. Julian Cyr
This bill would update the existing infertility statute in Massachusetts to improve access for LGBTQ people, will investigate the affordability and accessibility of family building resources available to the LGBTQ community, and provide collaborative trainings for medical providers to improve services available to LGBTQ couples looking to build their families.
Get Involved
Act Now to Support the Massachusetts Parentage Act! It’s as easy as 1-2-3:
https://malegislature.gov/
2. The MA Parentage Act (MPA) passed the House unanimously last month. Please call or email your State Senator’s office ASAP.
Let them know what city/town you live in, ask them to vote in favor of the MPA (S.2906), and share briefly why you care about this. For example:
“Massachusetts laws related to parentage, which is the legal parent-child relationship, are over 40 years out of date. Our laws do not reflect the rich diversity of families in the Commonwealth. We are the last state in the region to reform our parentage statutes, so the time is now! Please pass the MPA before the session ends this week.”
3. Please let us know if you get any feedback from your advocacy. If you have any questions or would like some assistance, feel free to email Kate at kwleblanc@allpathsfb.org. Thank you!
Current Massachusetts Fertility Insurance Law
Massachusetts has a Fertility Insurance Law. It passed in 1987 and was amended in 2010.
Summary
The Massachusetts Fertility Insurance Law provides coverage for:
- Infertility diagnosis and treatment for individuals
Legal Definition of Infertility
“Infertility” shall mean the condition of an individual who is unable to conceive or produce conception during a period of 1 year if the female is age 35 or younger or during a period of 6 months if the female is over the age of 35.
Additional Definitions
For purposes of meeting the criteria for infertility in this section, if a person conceives but is unable to carry that pregnancy to live birth, the period of time she attempted to conceive prior to achieving that pregnancy shall be included in the calculation of the 1 year or 6 month period, as applicable.
Limits
No insurer shall be required to provide benefits for any experimental infertility procedure, until the procedure becomes recognized as non-experimental and is so recognized by the Commissioner; reversal of Voluntary Sterilization; cryopreservation of eggs. These procedures are at the optional coverage discretion of the individual insurance provider.
Exemptions
Employers who self-insured are exempt from the Massachusetts insurance mandate requirements.
For more information about the Massachusetts Insurance Mandate, please consult Mass Gen Laws Ann. Ch. 175, Section 47H, ch. 176A, Section 8K, ch. 176B, Section 4J, ch. 176G, Section 4, and 211 CMR 37.00.