Legal Fees in connection with fertility treatments: FSA Eligibility

Legal Fees in connection with fertility treatments: eligible with a Flexible Savings Account (FSA)
Legal fees in connection with fertility treatments in connection with a medical service for the account holder or qualified dependent are eligible for reimbursement with a flexible spending account (FSA), health savings account (HSA) or a health reimbursement arrangement (HRA). Legal fees in connection with fertility treatments reimbursement is not eligible with a limited care flexible spending account (LCFSA) or a dependent care flexible spending account (DCFSA).

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What are legal fees in connection with fertility treatments?

Couples who have experienced fertility issues have myriad options available to them in order to conceive a child, such as fertility drugs, artificial insemination, in vitro fertilization (IVF), intracytoplasmic sperm injection (ICSI), donor eggs, surrogacy, donor embryos, reproductive surgery, gamete intrafallopian transfer (GIFT) and zygote intrafallopian transfer (ZIFT) (BabyCenter). While the vast majority of these treatments directly involve the potential mother and father, the picture can become a bit more complicated in the case of surrogacy, where legal contracts may enter the equation.

Legal fees in connection with fertility treatments most often involve the production of a surrogacy contract, which is usually drafted by an attorney, whom will charge a fee for this service. These surrogacy arrangements involve a woman acting as the third party for another person or couple and to relinquish that child for them after birth. In most cases, surrogacy contracts are essential in minimizing the potential for destructive disputes down the road and can ensure that the stipulations of the agreement between the parents and the surrogate are explicitly laid out in writing (Agency for Surrogacy Solutions).

In this case, because these legal fees directly relate to a couple or individual's fertility treatments and desire to conceive a child, these expenses would be eligible for reimbursement with consumer-directed healthcare accounts like FSAs, HSA and HRAs. To ensure full reimbursement, submit a copy of the legal fee expenses to a benefits administrator to show that these fees directly relate to the account holder's fertility treatments.