Provision of fertility treatment and counseling to members of the Armed Forces and spouses, partners, and gestational surrogates of such members

(a) Fertility treatment and counseling (1) In general The Secretary of Defense shall make available fertility treatment and counseling to a member of the Armed Forces or a spouse, partner, or gestational surrogate of such a member. (2) Eligibility for treatment and counseling Fertility treatment and counseling shall be furnished under paragraph (1) without regard to the sex, sex characteristics, gender identity, sexual orientation, infertility diagnosis, or marital status of the member of the Armed Forces or their spouse or partner. (3) In vitro fertilization In the case of in vitro fertilization treatment furnished under paragraph (1), the Secretary may furnish to an individual under such paragraph— (A) not more than three completed oocyte retrievals; and (B) unlimited embryo transfers. (b) Procurement of reproductive genetic material If a member of the Armed Forces is unable to provide their reproductive genetic material, such as oocytes, sperm, or embryos, for purposes of fertility treatment under subsection (a), the Secretary shall, at the election of such member, allow such member to receive such treatment with donated reproductive genetic material and pay or reimburse such member the reasonable costs of procuring such material from a donor. (c) Rules of construction (1) Impact on existing authority Nothing in this section shall be construed to rescind the authority of the Secretary to provide in vitro fertilization benefits pursuant to section 1074(c)(4) of title 10, United States Code. (2) Sourcing of gestational surrogate or reproductive genetic material Nothing in this section shall be construed to require the Secretary— (A) to find or certify a gestational surrogate for a member of the Armed Forces or to connect a gestational surrogate with such a member; or (B) to find or certify reproductive genetic material, such as oocytes, sperm, or embryos, from a donor for a member of the Armed Forces or to connect such a member with reproductive genetic material from a donor. (d) Definitions In this section: (1) Fertility treatment The term fertility treatment includes the following: (A) Preservation of human oocytes, sperm, or embryos. (B) Artificial insemination, including intravaginal insemination, intracervical insemination, and intrauterine insemination. (C) Assisted reproductive technology, including in vitro fertilization and other treatments or procedures in which reproductive genetic material, such as oocytes, sperm, or embryos, are handled, when clinically appropriate. (D) Genetic testing of embryos. (E) Medications prescribed or obtained over-the-counter, as indicated for fertility. (F) Gamete donation. (G) Such other information, referrals, treatments, procedures, medications, laboratory testing, technologies, and services relating to fertility as the Secretary of Defense determines appropriate. (2) Gestational surrogate The term gestational surrogate means an adult, who is not the intended parent, who enters into a surrogacy agreement to become pregnant through in vitro fertilization using gametes that are not the gametes of that individual. (3) Partner The term partner, with respect to a member of the Armed Forces, means an individual selected by the member who agrees to be a parent, with the member, of a child born as a result of the use of any fertility treatment under this section.