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Fertility Legislation and Advocacy in 2013

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January 4, 2013

Throughout the year, the American Society for Reproductive Medicine (ASRM) and RESOLVE: The National Infertility Association, have urged members of the infertility community to help renew the Adoption Tax Credit and Family Act of 2011.

The American Taxpayer Relief Bill of 2012, commonly referred to as the Fiscal Cliff Bill, included the Adoption Tax Credit renewal. If allowed to expire at the end of 2012, the tax credit for adoption of non-special needs children would have been eliminated and credits for special needs children would dwindle to just $6,000 per child. Fortunately, the Adoption Tax Credit was made permanent- great news for those pursuing adoption as a means of family building! The one downfall is that the credit is not refundable. For years 2010 and 2011, adoptive parents could receive money from the federal government regardless of the amount of money (if any) owed back to the government in taxes.

Barbara Collura, President and CEO of RESOLVE: The National Infertility Association, says of the Tax Credit: "The financial burden of infertility got a bit better with the vote by Congress to make the Adoption Tax Credit permanent. We were thrilled to see 3 of the 4 goals of the Adoption Tax Credit Working Group included in the bill language. As a member of the Executive Committee of the Working Group, RESOLVE has worked side-by-side with some of the nation’s most distinguished adoption groups to ensure Congress extended the credit. We know Congress will take up tax reform this year so we need to stay vigilant and ensure the ATC remains intact, and hopefully we can reach our 4th goal by making the credit refundable."

Regrettably, The Family Act of 2011 was not included in the American Taxpayer Relief Bill. This important piece of legislation proposed a federal tax credit to help offset the expenses of in vitro fertilization (IVF) for those struggling to build their families, and egg freezing for fertility preservation as it pertains to a medical diagnosis. More work must be done to reintroduce the Family Act and improve the Adoption Tax Credit for 2013. Fortunately, 33 members of the House and 4 members of the Senate have backed the Family Act in 2012. Collura is optimistic about advocacy in 2013. "We of course are very disappointed that the Family Act of 2011 did not pass. However, we need to stay committed to this bill and work hard to get it introduced again and garner even more support. Don’t forget we have new members in the House and Senate to educate as well! We need everyone to work together on this bill that combined with the Adoption Tax Credit, will really bring financial relief to thousands of people trying to build their family," says Collura. These points provide advocacy efforts by RESOLVE and ASRM the jumpstart they need to ease the financial burden of IVF and adoption on the 7.3 million diagnosed with infertility.

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