Antega United States

Fertility treatment, insurance and law in New Jersey

New Jersey requires certain group plans that provide pregnancy-related benefits to cover the diagnosis and treatment of infertility, including IVF, and separately requires cover for standard fertility-preservation services where treatment may cause iatrogenic infertility.

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

New Jersey requires certain group plans that provide pregnancy-related benefits to cover the diagnosis and treatment of infertility, including IVF, and separately requires cover for standard fertility-preservation services where treatment may cause iatrogenic infertility.

Private-insurance requirement: Required to be covered

New Jersey requires certain group plans that provide pregnancy-related benefits to cover the diagnosis and treatment of infertility, including IVF, and separately requires cover for standard fertility-preservation services where treatment may cause iatrogenic infertility.

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: A religious-employer exemption exists within the statutory scheme.

Self-funded employer plans (ERISA): Self-funded employer plans are governed principally by federal ERISA rules and are generally outside the New Jersey requirement.

  • The treatment requirement is directed at larger group plans that already cover pregnancy
  • Clinical criteria and cycle limits apply within the benefit
  • Preservation cover stands separately from the infertility benefit

4. Important exclusions and limitations

Cycle or lifetime limits: Limits on completed egg retrievals have applied under this benefit. Confirm the current figure with your insurer in writing.

Employer exemptions: A religious-employer exemption exists within the statutory scheme.

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

The New Jersey Gestational Carrier Agreement Act sets out requirements for the carrier, the intended parents and the written agreement, and provides for parentage to follow a compliant agreement.

Parentage: Pre-birth orders are available for compliant agreements, so adoption is generally not required.

9. Sources and last reviewed date

New Jersey requires certain group plans that provide pregnancy-related benefits to cover the diagnosis and treatment of infertility, including IVF, and separately requires cover for standard fertility-preservation services where treatment may cause iatrogenic infertility.

Sources

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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