EBSA-2026-0232-0001, Frozen Orphans

To the Department of the Treasury, the Department of Labor, and the Department of Health and Human Services: Submitted via Federal eRulemaking Portal Robert F. Kennedy, Jr. Secretary U.S. Department of Health and Human Services 200 Independence Avenue SW Washington, DC 20201 Daniel Aronowitz Assistant Secretary Employee Benefits Security Administration U.S. Department of Labor 200 Constitution Avenue, NW Washington, D.C. 20210 Frank J. Bisignano, Chief Executive Officer Internal Revenue Service 1500 Pennsylvania Avenue, NW Washington, D.C. 20220 RE: HHS/DOL/Treasury Proposed Rule, “Excepted Fertility Benefits,” RIN 0938–AV94 (HHS), RIN 1210–AC40 (DOL), RIN 1545–BS02 (Treasury) Dear Secretary Kennedy, Assistant Secretary Aronowitz, and Chief Executive Officer Bisignano, I am writing on behalf of Frozen Orphans to express our strong support for root-cause care for infertility, the responsible regulation of IVF, and advocacy for the adoption of frozen embryos. In 2022, after our own struggle with infertility, my wife and I discovered embryo adoption, which allows families to adopt frozen embryos left behind by couples who have completed their families. Inspired by Hannah Strege, the first child born from an adopted embryo in 1998, we founded Frozen Orphans to educate the public on this path to parenthood. While thousands of babies have since been born through embryo adoption since Hannah, they represent only a fraction of the estimated 1.25 million to 5 million frozen embryos in this country. Currently, IVF clinics are not required to report how many embryos are created, frozen, or destroyed—only how many are transferred. This lack of reporting must be addressed to ensure these embryos are not forgotten. Furthermore, the fertility industry's lack of regulation also affects hopeful parents. IVF is often presented as a solution, but it does not treat the underlying causes of infertility, such as low sperm count, poor egg health, hormonal imbalances, or endometriosis. Restorative reproductive health offers a better approach by diagnosing and treating these root causes. Unfortunately, public awareness of restorative reproductive health and embryo adoption remains low. While the George W. Bush administration previously funded embryo adoption awareness campaigns, that funding ceased with the Obama administration. The proposed "Excepted Fertility Benefits" rule is a crucial step in the right . We strongly urge the administration to fund public education on restorative reproductive health and embryo adoption. Sincerely, Neel Upadhye Founder, Frozen Orphans