Yes, IVF is legal in Montana, with no state-level bans or outright prohibitions. Clinics must comply with Montana’s Revised Uniform Parentage Act and federal Clinical Laboratory Improvement Amendments (CLIA), while recent 2026 legislative shifts require additional informed consent protocols for embryo disposition. The Montana Department of Public Health & Human Services (DPHHS) oversees licensing, and the Montana Society for Reproductive Medicine (MSRM) enforces professional standards.
Key Regulations for In Vitro Fertilization (IVF) in Montana
- Licensing and Laboratory Standards: IVF clinics must hold active licenses from the DPHHS, adhering to Montana Administrative Rule 37.44.101 for embryology laboratories, which mandates annual inspections and proficiency testing under CLIA.
- Embryo Disposition and Consent: Since 2026, Montana law requires written consent for embryo storage, donation, or disposal, with mandatory counseling on long-term implications. Clinics must document these decisions in patient records.
- Insurance Coverage Mandates: Under Montana Code Annotated § 33-22-1526, insurers must cover IVF for infertility diagnoses, but exclude experimental procedures like mitochondrial transfer unless FDA-approved.