On July 13, ERLC president Dr. Evan Lenow submitted public comments in response to federal agency proposed rules on fertility-related benefits, including IVF coverage. The proposed rule, titled, “Excepted Fertility Benefits,” was issued by the Department of the Treasury, the Department of Labor, and the Department of Health and Human Services and was published in the Federal Register on May 13, 2026.
The Department of the Treasury, Department of Labor, and Department of Health and Human Services (“Departments”) are considering the creation of a supplemental insurance coverage option for fertility-related care and services. This option to offer fertility benefits would be voluntary for both employers and employees, similar to dental or vision benefits.
The submitted comments provide an overview of the morality of artificial reproductive technologies (ARTs), including in vitro fertilization (IVF), from a Southern Baptist perspective, and detail specific recommendations related to insurance coverage for and the regulation of fertility benefits.
“As those who firmly hold to the sanctity of both human life and of the marital bond, the ERLC contends that the God-given, good desire for children does not justify every means of creating them.” Dr. Evan Lenow
In the comments, Lenow articulated that while these interventions are miracles of modern medicine that can lead to ultimately good ends (i.e., the creation of human life), this does not justify their use as moral, appropriate, or good. For the federal government to facilitate widespread access to ARTs and to mass endorse their use is questionable at best, with perilous moral implications at worst.
As Lenow shared,
“As those who firmly hold to the sanctity of both human life and of the marital bond, the ERLC contends that the God-given, good desire for children does not justify every means of creating them.
“While we grieve alongside those struggling to conceive, we cannot ignore serious ethical concerns with the practice of IVF. More enduringly, we cannot conclude that the desire for children necessitates that the government bear the responsibility of ensuring this desire becomes a reality—particularly when current ART practices present a moral conundrum about which potential parents are likely less-than informed.
“As a supplemental fertility benefit option is created, we contend that IVF should not be included. Should IVF be included, we assert that the Departments should regulate its utilization, and provide proper guardrails which seek to preserve the sanctity and dignity of all lives involved. We ask that the Departmentsconstruct federal guidance and coverage options with these concerns and proposed points of regulation and limitation in mind.”
