Lawsuit aims to force NYC to cover IVF treatments for homosexual men

Two homosexual men filed the proposed class action lawsuit on Thursday, alleging the New York City government insurance plan discriminates against male same-sex couples. Corey Briskin, a former assistant district attorney, and Nicholas Maggipinto allegedly delayed using the in vitro fertilization process to produce children because government insurance would not cover the treatments. The plan only covers IVF treatments for employees and partners who struggle with infertility. The lawsuit says that provision is narrowly defined and excludes homosexual men. The policy reinforces the idea that gay men are not fit to be parents, Maggipinto said during an interview with ABC’s Good Morning America last year. The couple hoped to use IVF to impregnate a surrogate. It's the first proposed class action lawsuit to claim health insurance discrimination against male homosexuals, said the couple’s lawyer, Peter Romer-Friedman. The U.S. Equal Employment Opportunity Commission also joined in the filing.

How has the city responded? A spokeswoman for Mayor Eric Adams said Thursday that city insurance treats homosexual and heterosexual couples the same, according to reporting by Caroline Lewis at the Gothamist. In both cases, the spokeswoman said the city only covers treatments for city employees, not third-party surrogates.

Dig deeper: Read Leah Savas’ report on healthcare providers and patients finding fertility alternatives to IVF.