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Gay couple files first-of-its-kind class action against NYC for IVF benefits

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Jo Yurcaba is a reporter for NBC Out.

A gay couple filed a first-of-its-kind class action lawsuit against New York City on Thursday alleging that the city’s health insurance plan is discriminatory because it doesn’t cover in vitro fertilization, or IVF, for male couples. The lawsuit is the latest development in what has become a yearslong effort by the couple to get the city to change its IVF benefits, which the couple argues makes accommodations for heterosexual and lesbian couples, and for single women.

The city defines infertility as the inability to conceive a child through male-female unprotected intercourse in a consecutive 12-month period or through intrauterine insemination, or IUI. Under this definition, single women and lesbian couples can qualify as infertile and receive IVF benefits if they undergo IUI and don’t become pregnant, according to the complaint.

 

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