Sign Up

Why sign in to the Community?

  • Submit a question
  • Check your notifications
or and start working on your taxes
cancel
Showing results for 
Search instead for 
Did you mean: 
lheckadon
New Member

Can I use my HSA money to purchase sperm from a sperm bank?

For fertility treatments
1 Best answer

Accepted Solutions
Opus 17
Level 15

Can I use my HSA money to purchase sperm from a sperm bank?

That depends. 

Expenses are deductible (and therefore eligible for HSA since the rules are the same) when they are to treat, prevent or mitigate a disease or affect the natural function of the body, and the expense is for you, a spouse, or a dependent.

So this now gets into areas of law that are controversial.

A heterosexual married couple who are infertile can use HSA money for fertility treatments.

A gay male couple can use HSA money for a sperm bank if one of the partners is infertile and they need the sperm for a surrogacy procedure, but they can't use HSA money for other surrogacy or fertility expenses (like IVF or the surrogate mother) since being two males is not a "disease" and two males having children is not a natural function of the body. (Recent Supreme Court ruling.)

Following that logic, a lesbian couple, or a single female seeking to purchase sperm for IVF, IUF, or surrogacy, could not use HSA money for the sperm, since the lack of a male partner is not a disease.

(This is not necessarily fair, but it appears to be the state of the tax law at this time.  Any changes would have to come from Congress.)

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

View solution in original post

2 Replies
Opus 17
Level 15

Can I use my HSA money to purchase sperm from a sperm bank?

That depends. 

Expenses are deductible (and therefore eligible for HSA since the rules are the same) when they are to treat, prevent or mitigate a disease or affect the natural function of the body, and the expense is for you, a spouse, or a dependent.

So this now gets into areas of law that are controversial.

A heterosexual married couple who are infertile can use HSA money for fertility treatments.

A gay male couple can use HSA money for a sperm bank if one of the partners is infertile and they need the sperm for a surrogacy procedure, but they can't use HSA money for other surrogacy or fertility expenses (like IVF or the surrogate mother) since being two males is not a "disease" and two males having children is not a natural function of the body. (Recent Supreme Court ruling.)

Following that logic, a lesbian couple, or a single female seeking to purchase sperm for IVF, IUF, or surrogacy, could not use HSA money for the sperm, since the lack of a male partner is not a disease.

(This is not necessarily fair, but it appears to be the state of the tax law at this time.  Any changes would have to come from Congress.)

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
alkora
New Member

Can I use my HSA money to purchase sperm from a sperm bank?

What about for people undergoing hormone replacement therapy which causes them to become infertile?  Can we use FSA for storage?

Dynamic AdsDynamic Ads
Privacy Settings
v