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Infertility Law

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What is Infertility?

Infertility is a disease that results in the abnormal function of the reproductive system and a persistent inability to conceive a child.  Infertility affects people of all ethnic backgrounds, regardless of socio-economic status, and affects both men and women at nearly identical rates.  In the United States, one out of every 10 couples experiences infertility.  However, advances in modern medicine have led to improved infertility treatment, and nearly 65% of infertile couples who seek treatment succeed in giving birth.  If you are having problems conceiving a child, you may consider using the help of an infertility service. 

Does My Insurance Cover Infertility?

In the United States, there is no federal mandate for insurance providers to offer coverage for infertility treatment.  However, some states have passed laws that mandate insurance coverage for infertility treatments including Arkansas, Hawaii, Illinois, Maryland, Massachusetts, Montana, New Jersey, New York, Ohio, Rhode Island, and West Virginia.  In California, Connecticut, and Texas, insurance coverage must be offered, but consumers may elect not to purchase it.

Whether or not your health insurance covers infertility depends on your policy, and consequently, on your employer.  Some employers carry infertility coverage in their insurance plan, while others simply do not.  To determine whether or not your insurance plan covers infertility, you will need to find out your exact level of coverage.

Should I Speak with an Attorney about My Infertility Issue?

Dealing with infertility can be a very emotional and stressful time in your life, and may impact your decision making ability.  If you are considering infertility treatment, you should speak with an experienced attorney with knowledge of assisted reproductive technology who can inform you of your rights, answer questions about your insurance coverage, and assist you at each step of the process.  Remember, this is a very important time for you and your family, and consulting an attorney before you begin infertility treatment will help you make reasoned and rational decisions.        

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 12-14-2010 03:05 PM PST

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