A proposed law in California seeks to redefine "infertility" to encompass same-sex couples, compelling insurance providers to cover the costs of fertility treatments like in vitro fertilization (IVF) and surrogacy. Passed by the California Senate in May, SB-729 amends existing health and insurance codes, classifying same-sex couples unable to conceive naturally as "infertile." This change would mandate coverage for diagnosis, treatment, and fertility services under large group, small group, and individual health care plans, as well as disability insurance policies, starting January 1, 2024. The bill specifically removes the current exclusion of IVF from coverage.

IVF treatments, encompassing ultrasounds, blood tests, egg retrieval, and other procedures, can cost between $8,000 and $13,000 per cycle in California, excluding medication. The even more costly procedure of surrogacy, which this bill also aims to cover, can range from $14,000 to $46,000.

Introduced by Democratic State Senator Caroline Menjivar, with co-authors Anthony Portantino and Scott Wiener, the bill is intended to equalize the financial burden of starting a family for same-sex couples compared to heterosexual couples. Men Having Babies, an advocacy group promoting accessible parenting options for gay men, supports the legislation, arguing that the emotional distress experienced by same-sex couples unable to conceive is comparable to that of heterosexual couples facing medical infertility.

This bill coincides with another piece of legislation under consideration in the California State Assembly, which could deem parents who don't affirm their child's gender identity as child abusers during custody disputes.