California Gov. Gavin Newsom on Sunday signed a law requiring certain health care insurers to cover in vitro fertilization treatments for couples in the state suffering from infertility. Senate Bill 729 also redefines infertility to require the same coverage for LGBTQ couples who are physically unable to have children.
How does the law redefine infertility? The previous definition of the state required a medical diagnosis, or the commonly accepted criterion of being unable to conceive after a specified period of regular, unprotected sexual intercourse.
The new law expands the state’s current definition of infertility to also include anyone who lacks the ability to “reproduce as an individual or with a partner without medical intervention.” The new, broader definition would include same-sex couples who seek artificial means to obtain children.
What do critics of the law say? Last year, the California Family Council criticized the bill, saying it selfishly prioritizes adults’ desire to have children over the rights and well-being of children. writing for The federalistKaty Faust, founder and president of the nonprofit Them Before Us, said of the bill last year that it would promote the creation of children who are intentionally left without a mother or father. He also said it was a mistake to require insurance companies to pay couples who are not only medically infertile, but also relationally infertile.
What do defenders of the law say? In a letter to the state Senate, Newsom said anyone who wanted to start a family and dreamed of having a child should be able to do so, and he specifically referred to couples who identify as LGBTQ. Equality California, which bills itself as the state’s largest LGBTQ advocacy organization, said the law would effectively remove financial barriers for families.
