A federal lawsuit brought by a New Jersey lesbian couple who want to have a baby may mean insurance coverage for women who currently don’t meet the state’s definition of infertile.
Erin Krupa was denied insurance coverage for infertility treatments essentially because she failed to show she couldn’t get pregnant by having sex with a man. New Jersey law for insurance purposes defines infertility as the result of failure to conceive after a certain period of unprotected sex.
Krupa’s insurer eventually agreed to the coverage, based on her doctor’s diagnosis. But she says she is pursuing the lawsuit as a civil rights matter.
Meanwhile, state lawmakers may consider legislation next month to change the definition of infertility to apply to lesbians, women without partners and those who have protected sex.