Yes, IVF is legal in California, with protections under state law and minimal restrictions compared to other states.
California explicitly permits IVF under the Assisted Reproduction Agreement Act (2013), which safeguards providers and intended parents from criminal or civil liability. The state also prohibits insurers from discriminating against individuals seeking fertility treatments, including IVF, under SB 600 (2022). Local oversight falls under the California Department of Public Health (CDPH), which licenses fertility clinics but imposes no blanket bans on procedures like embryo selection or genetic testing.
Key Regulations for In Vitro Fertilization (IVF) in California
- Licensing and Oversight: Clinics must obtain CDPH licenses, comply with Health and Safety Code § 1253, and adhere to AB 1287 (2023), which mandates reporting of IVF success rates to the state.
- Insurance Mandates: SB 600 requires large-group health plans to cover IVF as part of fertility treatments, though self-insured plans may opt out under ERISA preemption.
- Embryo Disposition: SB 115 (2024) permits embryo storage for up to 10 years unless donors revoke consent, aligning with American Society for Reproductive Medicine guidelines.
Recent shifts include AB 2206 (2026 draft), which proposes stricter embryo screening protocols for state-funded IVF programs. Providers must also comply with HIPAA and CCPA when handling genetic data, as California’s privacy laws exceed federal standards.