Up to $15,000: U.S. IVF Tax Deductions, the IRS Ruling, and 2026

Decorative IVF tax deduction title card

Yes, IVF costs can qualify as deductible medical expenses under federal tax law, but only the portion exceeding a threshold based on your adjusted gross income, and only for care performed on you, your spouse, or a dependent. IRS Publication 502 sets that threshold. The biggest exception: third-party surrogate and donor medical costs generally do not qualify.


TL;DR:

  • IVF costs on the taxpayer’s body, such as medications, retrieval procedures, and embryo creation, qualify for deductions if unreimbursed and exceeding 7.5% of AGI.
  • Expenses related to surrogates or donors generally do not qualify, including surrogate medical care and legal fees not directly tied to the taxpayer’s treatment.
  • Claiming the deduction requires itemized expenses, proper documentation, and cannot include reimbursement or pre-tax payments like those from HSA or FSA accounts.
  • Using HSA or FSA accounts for fertility treatments can streamline claiming eligibility, but requires detailed invoices and physician’s letters of medical necessity.
  • Pending legislation if passed could introduce a tax credit up to $15,000 for fertility expenses, but current rules apply for the 2026 tax year.

Table of Contents

Which IVF Costs Count as Medical Expenses for the IRS

The IRS applies a specific legal test, not a general sense of what feels medical. Publication 502 defines deductible medical care as costs for diagnosing, treating, mitigating, or preventing disease, or for treatment “affecting any structure or function of the body.” IVF clears that bar because infertility is treated as a medical condition, and procedures like egg retrieval and embryo transfer directly affect bodily function.

Here’s what typically qualifies:

  • Fertility medications, including injectables and hormone therapy
  • Diagnostic testing and monitoring appointments (bloodwork, ultrasounds)
  • Egg or sperm retrieval procedures
  • Embryology and laboratory fees for embryo creation
  • Short-term embryo storage directly tied to an active treatment cycle

Here’s what usually does not qualify:

  • Compensation paid to a gestational surrogate
  • Medical care provided to a surrogate or an egg or sperm donor
  • Legal and agency fees for surrogacy arrangements, unless directly tied to your own medical care

The dividing line comes down to whose body the procedure affects. Care performed on you or your spouse tends to qualify. Care performed on someone else, even when it’s essential to your family-building plan, usually does not. That distinction runs through nearly every IRS ruling on this topic, including the most recent one.

How to Claim IVF Expenses on Your Tax Return

Claiming this deduction requires itemizing, which means giving up the standard deduction for the year. Here’s the process:

  1. Total your qualifying medical expenses for the year, including IVF costs, other unreimbursed medical bills, and dental expenses.
  2. Subtract 7.5% of your adjusted gross income from that total. Only the amount above that floor is deductible, per IRS Publication 502, Medical and Dental Expenses.
  3. Report the deductible amount on Schedule A (Form 1040), in the medical and dental expenses section.
  4. Compare your itemized total to the standard deduction. Itemizing only helps if your combined deductions exceed the standard amount for your filing status.
  5. Count expenses in the year you paid them, not the year the service was performed, if payment and treatment fall in different tax years.

One rule trips people up constantly: you cannot deduct anything already reimbursed by insurance, or anything paid with pre-tax HSA or FSA dollars. Doing so double-dips on the same tax benefit, and the IRS explains this reimbursement interaction directly. If your insurer later reimburses an expense you already deducted, you generally need to reduce that deduction accordingly.

Using HSAs, FSAs, and HRAs for Fertility Costs

Tax-advantaged accounts often make more practical sense than waiting for a year-end itemized deduction, since HSA and FSA dollars go in pre-tax and can cover fertility costs immediately. Most fertility treatments qualify when they address a diagnosed inability to conceive, according to LegalClarity’s analysis of HSA fertility eligibility.

Eligibility hinges on medical necessity, and gray-area items (extended embryo storage, certain genetic testing) often need a Letter of Medical Necessity from your physician to clear administrator review.

A few practical moves worth making:

  • Request an itemized invoice breakdown before paying any bundled clinic bill.
  • Use your HSA debit card directly for eligible charges, or pay out of pocket and reimburse yourself later. The account only needs to exist when the expense occurred.
  • Keep every receipt, EOB, and physician note tied to fertility spending, even for small charges.

Pro Tip: Ask your clinic’s billing office for a separate line-item invoice before the cycle starts, not after. Bundled invoices that mix medical charges with storage or coordination fees are the single most common reason HSA and FSA claims get flagged.

Recent IRS Rulings and Congressional Proposals to Watch

The tax treatment of IVF isn’t static, and two developments matter right now for anyone planning treatment in 2026.

  • IRS determination letter 202518023 addressed a case involving a gestational carrier directly. The ruling allowed deductions for IVF procedures performed on the taxpayers themselves (retrieval, medication, embryo creation) while denying deductions for the surrogate’s medical care and compensation, under the reasoning that surrogacy costs aren’t medical care of the taxpayer under IRC §213. The Tax Adviser’s analysis of the ruling walks through the legal reasoning in detail.
  • H.R.9333, the IVF for Families Act, proposes a nonrefundable tax credit of up to $15,000 for qualified fertility treatment expenses. It remains pending before Congress, according to the Congress, and would represent a meaningful shift if enacted, since a credit reduces tax owed dollar for dollar rather than just lowering taxable income.

For now, file under current rules. If H.R.9333 or similar legislation passes, it would likely apply prospectively, not retroactively, so don’t delay a filing while waiting on Congress.

Documentation and Audit-Proofing Your IVF Deduction

Assemble these before you file, not after a notice arrives:

  1. Itemized invoices with line-by-line service descriptions, not summary totals.
  2. Pharmacy receipts for every medication.
  3. Explanation of Benefits (EOB) forms showing what insurance did and didn’t cover.
  4. Proof of payment (bank or card statements).
  5. A Letter of Medical Necessity on physician letterhead, stating the diagnosis, recommended treatment, and expected timeframe.

If your clinic bundles storage, legal, or coordination fees into one invoice, call billing and request an itemized breakdown before you file. If you’re reimbursed later for something already deducted, you may need to amend the return.

Pro Tip: When in doubt about how a partial reimbursement affects a prior-year deduction, a CPA costs far less than an amended return done wrong.

How Life IVF Center Supports Patients Through the Paperwork

Life IVF Center’s team regularly helps patients navigate the documentation side of treatment, and not just the clinical side. That includes detailed, itemized billing statements, Letters of Medical Necessity when clinically appropriate, and financial counselors who can walk through what a treatment plan actually costs. Our approach to Precision IVF® treatment planning means your care documentation reflects your specific protocol, which matters when a tax preparer or account administrator needs clarity on what was medically necessary. We always recommend coordinating with your CPA or tax adviser directly, since paperwork from your clinic and guidance from your tax professional need to align.

Get Clinical Documentation That Supports Your Financial Planning

Tax rules reward clear documentation, and that starts with a clinical evaluation that actually explains your diagnosis and treatment plan in writing. A consultation at Life IVF Center can produce the diagnostic records and, when clinically appropriate, a Letter of Medical Necessity that supports HSA, FSA, or itemized deduction claims, the same kind of documentation discussed throughout this guide.

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Unlike generic fertility information sites, Life IVF Center works directly with patients on both the clinical and paperwork side of treatment, so you’re not piecing together invoices from three different departments after the fact. If you’re planning IVF for 2026 and want documentation that holds up for your tax preparer or benefits administrator, schedule a consultation to get started. One note worth repeating: this article is educational, not tax advice. Talk to a licensed tax professional about your specific situation before filing.

This article is general information, not a substitute for advice from a qualified financial advisor. Consult a qualified financial professional about your own circumstances before acting on anything here.

Sources

This article is for general educational purposes only and is not a substitute for personalized medical advice, diagnosis, or treatment. Fertility care is highly individual; please consult a qualified healthcare professional about your specific circumstances.

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