New Jersey may be expanding infertility coverage to lesbians following a federal lawsuit brought by a same-sex couple.
Though New Jersey law requires insurance companies cover expenses considered medically necessary as part of infertility treatment, it defines infertility in a way that excludes lesbian couples. Under state law, infertility is defined as the result of failure to conceive after a certain period of unprotected sex for women younger than 35 or after one year for women older than 35.
However, Erin Krupa was denied insurance coverage for infertility treatments when trying to have a baby because she was unable to show that she couldn't get pregnant by having sex with a man.
Krupa then incurred $25,000 in out-of-pocket medical expenses for infertility treatments, leading her and her wife Marianne Krupa to file a federal lawsuit.