A lesbian couple is suing New Jersey state officials over an archaic law which requires couples to have unprotected, heterosexual intercourse with a man first before being allowed medical treatment for infertility issues that have been diagnosed.
The lawsuit states that the law is discriminatory in nature.
Marianne and Erin Krupa have filed a lawsuit against the state. The couple has reaffirmed that they have had six miscarriages between the two of them. The couple has been trying to conceive since 2013. Treatment costs have reached $50,000, and insurance has denied coverage for the treatments.
“Right away, we were told that without having sexual intercourse, we would not be covered,” states Marianne Krupa.
New Jersey is one of fifteen states in the country that requires health insurance companies to offer coverage for infertility issues. The lawsuit alleges that the Department of Banking and Insurance has failed to update its definition of an infertile couple. The suit alleges that the definition should have been updated when same-sex marriage was legalized.
The couple is covered by Horizon Blue Cross Blue Shield.
Two out of fifteen states have updated their definition of an infertile couple,according to the claim. Horizon commented on the suit saying, “Horizon covers infertility services equally regardless of sexual orientation.”
The lawsuit is trying to force a change in the current regulations and recover money spent by the couple on treatment for infertility.
“We interpret the 2001 New Jersey law defining infertility in a gender and orientation neutral manner and our coverage standard complies with federal non-discrimination requirements,” states Horizon.
The suit claims that fertility care is covered automatically for straight women.
“Every day that New Jersey law continues to exclude women in same-sex relationships from the protection of the infertility mandate, these women must either wait for a law change as their childbearing years slip away; or if they have any available resources, bankrupting themselves and their families in order to pay for fertility care.”
This article was originally posted on LegalScoops.
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