The New York City Council is pushing Mayor Eric Adams to act and expand in vitro fertilization (IVF) coverage to gay male employees following a lawsuit. The council’s LGBTQIA+ Caucus sent a letter to Adams recently, stating that gay men are not receiving benefits that are available to heterosexual couples and single women. They argue that an outdated definition of “infertility” is preventing gay men from accessing IVF treatments.
The issue stems from the city health plan only covering IVF cycles for employees who can prove infertility, defined as the inability to conceive a child through unprotected sexual intercourse between a male and a female. As gay men cannot naturally conceive, they are being excluded from IVF coverage under the current policy. A 2020 state law mandating insurance plans to cover IVF has not benefitted gay male couples due to this restriction.
In response to a lawsuit from a gay male employee who was denied IVF coverage, the caucus is demanding immediate action from Mayor Adams to rectify this disparity. The lawsuit alleges discrimination and violation of the city’s anti-discrimination guarantees based on sexual orientation. The LGBTQIA+ Caucus is also advocating for legislation that would require the city to cover assisted reproduction services and adoption for municipal employees without requiring an infertility diagnosis.
Despite claims from the mayor’s office that the city’s health plan covers IVF treatments for all employees regardless of gender identity or sexual orientation, there are limitations. The plan does not cover costs associated with egg or sperm donation or surrogacy, which are essential for gay male couples to pursue IVF.
The issue of IVF has garnered national attention recently due to a ruling by the Alabama Supreme Court that led to fertility clinics in the state halting IVF services. This ruling has sparked debates among Republicans and Democrats regarding access to IVF and reproductive health measures. While some view IVF as a personal and state issue, others see it as a matter of national importance.
IVF treatments can be costly, ranging from $15,000 to $30,000 per cycle, making it financially challenging for many individuals. For gay male employees like Corey Briskin, IVF through surrogacy is currently the only option available. The ongoing discussions and legal actions surrounding IVF coverage highlight the need for inclusive and equitable policies for all individuals, regardless of sexual orientation.
