Schiff, Chu, and Brownley Introduce Bill to Ensure LGBTQ Individuals Equal Access to Reproductive Treatments
Washington, D.C. – Today, Representatives Adam Schiff (D-Burbank), Judy Chu (D-Monterey Park), and Julia Brownley (D-Thousand Oaks) introduced the Equal Access to Reproductive Care Act. This bill will rectify the unequal treatment of LGBTQ individuals seeking to start a family by modernizing the federal tax code to allow equal treatment to those using assisted reproductive treatments and surrogacy arrangements regardless of sexual orientation, gender identity, and, when applicable, ability status.
Currently, the Internal Revenue Service does not allow some LGBTQ taxpayers to claim the medical expenses of assisted reproductive treatments – including in vitro fertilization – as deductions, while typically allowing heterosexual couples to do so, despite the fact that LGBTQ individuals and families rely on such treatments heavily to bring children into their families.
“Many Americans face significant financial burdens and obstacles when it comes to starting a family. LGBTQ individuals and couples often encounter even greater challenges, relying on reproductive health services such as in vitro fertilization (IVF) and surrogacy. Unfortunately, our current tax code is outdated and fails to provide adequate support for LGBTQ individuals and couples in affording these necessary treatments to bring children into their families,” said Rep. Schiff. “The Equal Access to Reproductive Care Act aims to address this issue by creating a fairer system for all households, regardless of their sexual orientation, gender identity, ability, or relationship status, to receive tax deductions for reproductive expenses. This crucial legislation would correct the existing inequity by allowing LGBTQ couples to deduct the costs of assisted reproductive treatments as medical expenses, a privilege that heterosexual couples are more easily able to access.”
“The struggles and financial burdens associated with starting a family are a harsh reality for many Americans, and LGBTQI+ individuals and families face additional obstacles, as they often rely on expensive treatments like in vitro fertilization and surrogacy. Our legislation aims to update and modernize the U.S. tax code so LGBTQI+ individuals and couples can claim deductions for reproductive care and medical expenses and start families when and how they choose,” said Rep. Chu.
“Becoming a mom was one of the most rewarding chapters of my life, and I firmly believe that everyone who wants to start a family should have equal access to federal tax benefits that help them afford assisted reproductive treatments and surrogacy arrangements, regardless of sexual orientation, gender identity, and, when applicable, ability status,” said Rep. Brownley. “I am proud to partner with Congressman Schiff and Congresswoman Chu to support this legislation to improve our tax code for all those who want to be parents.
“Each year, hundreds of thousands of people seek out family planning services and treatments like IVF and surrogacy — including LGBTQ+ people, who often rely on assisted reproduction services. Sadly, our tax code has treated them inequitably for decades, disallowing them from deducting those expenses, unlike their heterosexual peers. Rep. Schiff's Equal Access to Reproductive Care Act will finally ensure that LGBTQ+ people are afforded equitable family planning benefits and opportunities,” said Tony Hoang, Executive Director of Equality California.
The legislation is co-sponsored by Eleanor Holmes Norton (D-D.C.), Diana DeGette (D-Calif.), John Larson (D-Conn.), Earl Blumenauer (D-Ore.), Judy Chu (D-Calif.), Nydia M. Velázquez (D-N.Y.), Debbie Wasserman Schultz (D-Fla.), Mark Takano (D-Calif.), Barbara Lee (D-Calif.), Janice Schakowsky (D-Ill.), Brad Sherman (D-Calif.), Andre Carson (D-Ind.), William Keating (D-Mass.), Nanette Barragán (D-Calif.), Raja Krishnamoorthi (D-Ill.), Julia Brownley (D-Calif.), Diana DeGette (D-Colo.), Mark DeSaulnier (D-Calif.), Lisa Blunt Rochester (D-Del.), Suzanne Bonamici (D-Ore.), Jahana Hayes (D-Conn.), Sara Jacobs (D-Calif.), Ro Khanna (D-Calif.), Rashida Tlaib (D-Mich.), Sharice Davids (D-Kan.), Jamaal Bowman (D-N.Y.), Lori Trahan (D-Mass.), Morgan McGarvey (D-Ky.), Jasmine Crockett (D-Texas.), and Dina Titus (D-Nev.).
This legislation is endorsed by the following organizations: Academy of Adoption and Assisted Reproduction, American Society for Reproductive Medicine, Center for Reproductive Rights, COLAGE, Equality California, Congressional Equality Caucus, Equality Federation, Family Equality, GLBTQ Legal Advocates & Defenders, Human Rights Campaign, Los Angeles LGBTQ Center, Men Having Babies, National Center for Lesbian Rights, National Center for Transgender Equality, National Health Law Program, National LGBTQ Task Force, National Partnership for Women & Families, National Women's Law Center, Planned Parenthood Federation of America, RESOLVE: The National Infertility Association, and SIECUS.
Additional Background:
According to Family Equality’s 2019 LGBTQ Family Building survey, 63% of LGBTQ people planning families expect to use assisted reproductive technology, foster care, or adoption to become parents. Several court cases have been brought forth by same-sex couples in the last decade, yet in April 2021 the IRS affirmed the statute as it stands, solidifying the inequitable treatment of taxpayers based on sexual and gender orientation.
To read the full bill text here.
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