Delaware's Fertility Care & preservation Law (SB139)

Frequently Asked Questions

When DID Delaware’s Fertility Care & Preservation Law Go Into Effect?

Delaware’s Fertility Care & Preservation Law went into effect on June 30, 2018 after Governor Carney signed the bill into law. It will apply when the employer’s insurance company has their first annual enrollment after this date. Please note most companies’ annual enrollment takes effect in January of each year. Please contact your HR Department to determine when your annual enrollment date.


Federal law states that NO company or organization that self-insures is required to adopt any state insurance mandate.

Why are Delaware State Employees Excluded From This bill?

The State of Delaware self-insures and coverage under the state employee plan is only subject to federal statutes and regulations. This is true for all companies or organizations that self-insure. Senator Townsend and Representative Longhurst have already taken action with the State Employee Benefits Commission (SEBC). SEBC decides whether to adopt insurance laws, like SB139 for state employees. Please come back as updates will be posted.


It’s best you contact your company’s HR department to determine if your coverage would adhere to Delaware insurance laws. Unfortunately, employer-sponsored insurance is generally based on where the employer resides, but depending on the size of the company, it’s possible that your insurance could be Delaware-based.

DOES Delaware’s Fertility Care & preservation Law COVER DONOR EGGS, DONOR SPERM, AND /OR DONOR EMBRYOS?

The legislation covers only the treatment associated with the use of donor embryos, eggs and sperm, such as intrauterine insemination, assisted hatching of embryos, cryopreservation and thawing of embryos, eggs and sperm, embryo biopsy, fresh and frozen embryo transfers, intra-cytoplasmic sperm injection, medications, storage of embryos, eggs and sperm. It does not cover the actual cost associated with acquiring donor embryos, eggs and sperm. You would be responsible for this cost out of pocket.

Can this insurance be purchased in the marketplace?

For the first time, all individual health insurance plans on the Delaware Health Insurance Marketplace include fertility care and preservation coverage defined by Delaware’s Fertility Care and Preservation Law. Learn more here:


Does my employer have 50 or more eligible employees?

No – you are not subject to the mandate.  Your questions stop here.

Yes – proceed to question #2.


Is your health insurance plan self-funded?

Yes – your company’s health insurance policy is NOT subject to the mandate.  This is per federal law.  Your questions stop here.

No – proceed to question #3

Some examples of companies who are self-funded are State of Delaware, City of Wilmington, New Castle County and CCHS.


When is my annual enrollment?

It is important to know this because the mandate will go into effect on applicable plans at the next annual enrollment following June 30, 2018.


Is my company based in Delaware?

If the answer is no, you will need to specifically ask if they will be adopting the mandate in Delaware. Unfortunately, employer-sponsored insurance is generally based on where the employer resides, however, it is possible that your insurance could be Delaware-based.

Nicole C. G.


"We had a wonderful experience working with Reproductive Associates of Delaware. Our doctor was so sweet, informative and helpful with all of our questions. The front desk, it’s always nice to be greeted by a friendly smiling face."



"RAD heard my hopes, dreams, and wishes and led me toward them while holding my hand. My dream came true. I was guided to a beautiful baby girl! It took less than a year for my pregnancy to begin and it was successful. This was the best decision I ever made. Thank you, RAD!"

Christa C.


"From the beginning our team was determined to find a way for my husband and I to complete our family. All the RAD staff was knowledgeable and truly cared for us. We wish we could have continued with them after our baby hit 12 weeks. We thank them daily in our prayers for giving us our beautiful baby girl!"



"We will be forever grateful for the wonderful care we received at RAD! Dr. Feinberg took the time to listen and create a plan we were comfortable with. The whole team was amazing and truly care about their patients. You have exceeded our expectations. Thank you!!"

Jaqueline M.


"Thanks to Reproductive Associates of Delaware, we have the most perfect addition to our family. The help and support the whole staff gave us was indescribable. We never once lost hope because of them. We will be forever grateful to each and every person we worked with during our journey."



"Dr. Neithardt was amazing. She explained in great detail all the options we had and put us at ease about the entire process. Everyone has been amazing and I have absolutely no complaints. Today I am 17 weeks pregnant and we only have Dr. Neithardt and her wonderful team at RAD to thank."

Michelle H.


"They are the most amazing team of doctors and care coordinators. After having started at another facility I was so happy to come to RAD. They are truly amazing, never make you feel like just a number and have empathy and compassion every step of the way. They also get the job done! Thanks RAD!"

Anonymous On FertilityIQ


"Dr. McGuirk is a very holistic doctor. She doesn’t just treat the fertility issues. She also points out personal health ideas (juicing, whole 30) to help heal/treat the whole patient. She is honest and open. Be open minded and trust in her process. This is a marathon, not a sprint! Dr. McGuirk will be with you the whole way."

Teresa P.


"I will never be able to put into words how thankful we are for RAD. Rhonda was there every step of the way as we were going through the process. Everyone was so welcoming and patient as we asked questions. We were blessed with a daughter, who is now three. I have already recommended and will continue to recommend RAD to people who need help growing their family!"



"There are not enough kind words to say about RAD generally, and Dr. Bachman specifically. My personal well-being was always at the core of my treatment. I received honest, straight-forward advice that empowered me to make my own decisions. And thanks to RAD I have the family I always dreamed of."

Newark Office

4735 Ogletown-Stanton Road
Medical Arts Pavilion 2
Suite 3217
Newark, DE 19713

Wilmington Office

Silverside Medical Center
2700 Silverside Road, Suite 2A
Wilmington, DE 19810

Dover Office

Eden Hill Medical Center
200 Banning Street, Suite 240
Dover, DE 19904


Phone: (302) 602-8822

Fax: (302) 602-8832

©Reproductive Associates of Delaware 2019