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Fertility treatment, insurance and law in Delaware
Since 2018, individual, group and blanket policies regulated by Delaware must cover fertility care services, including IVF, for people experiencing infertility, to the same extent as other pregnancy-related benefits (Del. Code tit. 18 §§3342, 3556).
1. What applies now
The position in force on the review date below. Anything scheduled for the future is kept separate.
Broad infertility or IVF requirement in force
Since 2018, individual, group and blanket policies regulated by Delaware must cover fertility care services, including IVF, for people experiencing infertility, to the same extent as other pregnancy-related benefits (Del. Code tit. 18 §§3342, 3556).
Private-insurance requirement: Required to be covered
Since 2018, individual, group and blanket policies regulated by Delaware must cover fertility care services, including IVF, for people experiencing infertility, to the same extent as other pregnancy-related benefits (Del. Code tit. 18 §§3342, 3556).
State requirements do not necessarily apply to every health plan. Self-funded employer plans, federal plans and certain exempt employers may follow different rules. Check your plan documents or insurer for your individual coverage.
2. What fertility services may be covered
IVF
Required to be covered
IUI
Not established in the sources reviewed
Fertility preservation
Limited cover required
Fertility medicines
Not established in the sources reviewed
Diagnosis and testing
Required to be covered
3. Who the rule applies to
Employer size rules: Not identified in the sources reviewed.
Religious or conscience exemptions: Not identified in the sources reviewed.
Self-funded employer plans (ERISA): Self-funded employer plans are governed principally by federal ERISA rules and are generally outside the Delaware requirement.
- Cover extends to spouses and non-spouse dependants under the policy
- Benefits are provided to the same extent as other pregnancy-related benefits
4. Important exclusions and limitations
No specific exclusions were identified in the sources reviewed.
5. Medicaid
Not established in the sources reviewed
No Medicaid infertility benefit was identified in the sources reviewed. Medicaid is a public programme and is separate from commercial insurance.
6. Public and state-employee plans
Not established in the sources reviewed
No distinct public-employee fertility benefit was identified. A public-employee benefit, where one exists, is not a statewide private-insurance requirement.
7. Future changes already enacted
Law that has been passed but is not yet in force. It does not affect cover today.
No enacted law with a future effective date was identified.
8. Recent legislation that did not become law or remains pending
Proposals are never a guide to your current cover.
No pending, failed or expired fertility bills were recorded for this jurisdiction in this review.
Surrogacy, parentage and donor conception
Gestational surrogacy: Statutory framework permitting and regulating gestational surrogacy
Delaware's Gestational Carrier Agreement Act (Del. Code tit. 13, Ch. 8) sets procedural safeguards for surrogacy agreements. A further update, the Gestational and Genetic Carrier Agreement Act enacted in 2026, takes effect in December 2026, so which framework applies depends on your timing.
Parentage: Delaware's assisted-reproduction provisions confirm that a donor is not a parent, and the carrier-agreement framework provides the steps for establishing intended-parent status.
9. Sources and last reviewed date
Since 2018, individual, group and blanket policies regulated by Delaware must cover fertility care services, including IVF, for people experiencing infertility, to the same extent as other pregnancy-related benefits (Del. Code tit. 18 §§3342, 3556).
Sources
- Delaware infertility insurance law summaryASRM / RESOLVE (ReproductiveFacts) · checked 2026-09-08
- Del. Code tit. 13, Ch. 8, Subchapter VIIIDelaware Code · checked 2026-09-08
- Senate Bill 250 (2026)Delaware General Assembly · checked 2026-09-08Effective December 2026.
Last reviewed by the Antega editorial team: 2026-09-08.
This is general information about state rules, not legal or insurance advice, and it is not a guarantee of cover. Laws, mandates and plan rules change. Always confirm your own position with your insurer or plan administrator in writing, and take advice from a licensed attorney in your state before making legal arrangements.
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