Antega United States
Fertility treatment, insurance and law in Maryland
Maryland requires certain insurers, nonprofit health plans and HMOs providing pregnancy benefits to cover IVF and infertility treatment (Md. Ins. Code §15-810), and separately requires cover for standard fertility-preservation procedures where treatment may cause iatrogenic infertility (§15-810.1).
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
Maryland requires certain insurers, nonprofit health plans and HMOs providing pregnancy benefits to cover IVF and infertility treatment (Md. Ins. Code §15-810), and separately requires cover for standard fertility-preservation procedures where treatment may cause iatrogenic infertility (§15-810.1).
Private-insurance requirement: Required to be covered
Maryland requires certain insurers, nonprofit health plans and HMOs providing pregnancy benefits to cover IVF and infertility treatment (Md. Ins. Code §15-810), and separately requires cover for standard fertility-preservation procedures where treatment may cause iatrogenic infertility (§15-810.1).
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
Required to be covered
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: Exemptions exist within the statutory scheme. Confirm the precise wording with your benefits team.
Self-funded employer plans (ERISA): Self-funded employer plans are governed principally by federal ERISA rules and are generally outside the Maryland requirement.
- The IVF requirement is directed at larger group and fully insured plans
- Some grandfathered small-group plans are outside parts of the mandate
- Preservation cover stands on its own footing and is not limited to people diagnosed with infertility
4. Important exclusions and limitations
Employer exemptions: Exemptions exist within the statutory scheme. Confirm the precise wording with your benefits team.
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: Permitted in practice, legal framework limited or complex
Maryland has no comprehensive surrogacy-contract statute. Surrogacy is permitted through case law, supported by a 2021 statute requiring a parentage court order to be attached to the birth record for gestational-carrier births.
Parentage: Courts issue parentage orders, and the 2021 vital-records provision then governs the birth record, so adoption is generally not required where an order is obtained.
9. Sources and last reviewed date
Maryland requires certain insurers, nonprofit health plans and HMOs providing pregnancy benefits to cover IVF and infertility treatment (Md. Ins. Code §15-810), and separately requires cover for standard fertility-preservation procedures where treatment may cause iatrogenic infertility (§15-810.1).
Sources
- Md. Ins. Code §15-810.1, fertility preservationMaryland Code · checked 2026-09-08
- Mandated benefits chartMaryland Insurance Administration · checked 2026-09-08
- 2021 Chapter 709 (HB549)Maryland General Assembly · checked 2026-09-08
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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