Since June 30, 2018, Delaware's SB 139 (18 Del. C. 3342 and 3556) requires individual, group and HMO policies to cover fertility care including IVF, plus fertility preservation, on the same terms as other pregnancy benefits. Egg retrievals must be completed before age 45 and embryo transfers before 50. Employers with fewer than 50 employees, religious employers and self-insured employers are exempt. Picture as of October 2026.
| Point | Delaware rule |
|---|---|
| Law and date | SB 139 (149th General Assembly), signed and effective June 30, 2018 (81 Del. Laws c. 284) |
| Plans included | Individual (3342(i)), group and blanket (3556(i)) policies from health insurers, health service corporations and HMOs |
| What is covered | Fertility care services including IVF, and standard fertility preservation when treatment may cause infertility |
| Cost-sharing | Same as other pregnancy-related benefits; deductibles, copays, coinsurance, benefit maximums and waiting periods may not differ from non-infertility services |
| Before IVF | A qualifying specialist must verify the diagnosis; up to 3 cycles of ovulation induction or IUI may be required first, unless IVF is medically necessary |
| Age limits | Egg retrievals completed before age 45; embryo transfers before age 50 |
| Facilities | Practices following ASRM and ACOG guidelines |
| Exempt | Employers with fewer than 50 employees, religious employers (on request, with notice to employees), self-insured employers |
Sources: Delaware General Assembly, SB 139 bill detail; ASRM ReproductiveFacts.org, Delaware page (both accessed October 2026).
Triage Cancer's chart (September 2025) describes coverage of up to 6 completed egg retrievals per lifetime with unlimited embryo transfers, following ASRM guidelines and using single embryo transfer when appropriate. ASRM's summary of the law does not mention this limit, so ask your insurer for the number that applies to your policy.
The law is broad, but three groups fall outside it. The biggest is self-insured plans: state mandates do not apply to self-insured employer plans, which cover 67% of US workers with employer coverage (healthinsurance.org, June 2026). Your plan documents or HR department can tell you which kind of plan you have.
Delaware requires a specialist to verify the diagnosis before IVF. Map to the Positive adds that a second opinion is good medical practice, not distrust, especially when the initial diagnosis is serious or the proposed treatment is expensive or complex, such as IVF or surgery.
The book also suggests a second opinion when 6 months have gone by without progress or clarity.
Second opinions are part of Chapter 31 of Map to the Positive, on choosing the right doctor, in Station IV. The same station gives the age cutoffs for seeing a specialist, the treatment ladder and the questions to ask before IVF.
Take 30 days. If it does not give you more clarity than everything you have read for free so far, ask for a refund and you get every cent back. We cannot promise you a pregnancy. We can promise you will not be guessing.
References: SB 139, 149th General Assembly (Delaware General Assembly bill detail) (accessed 2026-10-30) · State and Territory Infertility Insurance Laws: Delaware (ASRM ReproductiveFacts.org) (accessed 2026-10-30) · Health Insurance: Fertility Services (Triage Cancer state laws chart) (2025-09) · Q. Does the ACA require infertility treatment to be covered by health insurance? (healthinsurance.org) (2026-06-18)