California redefines infertility to include same-sex couples

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 dealing with infertility. Senate Bill 729 also redefines infertility to require the same coverage for LGBTQ couples who are physically incapable of having children.

How does the law redefine infertility? The state’s previous definition required a medical diagnosis, or the commonly accepted criterion of failing 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 any person who lacks the ability, “to reproduce either as an individual or with their partner without medical intervention.” The new, broader definition would include same-sex couples looking to artificial means to obtain children.

What are critics of the law saying? Last year, the California Family Council criticized the bill, saying it selfishly prioritizes the adult desire for children over the expense of children’s rights and well-being. Writing for The Federalist, Katy Faust, founder and president of the pro-child non-profit Them Before Us, said of the bill last year that it would promote the creation of children who are intentionally mother- or father-less. She also said it was wrong to require insurance companies to pay for couples who are not just medically infertile, but also relationally infertile.

What are proponents of the law saying? 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 specifically referenced 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.

Dig deeper: Read R. Albert Mohler Jr.’s commentary for WORLD Opinions explaining how an Alabama Supreme Court ruling on IVF earlier this year provides protection for human embryos outside the womb.