A controversial bill currently moving through the California state legislature, known as SB 729, seeks to redefine the medical definition of infertility and mandates health insurance companies to cover the costs of surrogacy and fertility treatments for same-gendered couples.
The bill, initiated by State Sen. Caroline Menjivar (D), aims to expand the definition of infertility to include “A person’s inability to reproduce either as an individual or with their partner without medical intervention.” It further stipulates that coverage for infertility treatments shall be provided without discrimination, thus creating a new dynamic in fertility treatment accessibility.
If #SB729 passes, single men in CA won’t need to convince a woman to have baby with him. He can just use his medical insurance to pay vulnerable young women to be a surrogate.
Men cannot have babies. That isn’t a medical condition, that is biology.https://t.co/ZM9NehJsOC
— Jonathan Zachreson (@JZachreson) June 11, 2023
Although some lauded the bill as an act of equality, it has drawn criticism from insurance companies and conservative groups alike. The additional costs the legislation imposes are anticipated to inflate insurance premiums, casting a cloud of financial uncertainty over California businesses and individual policyholders. The California Association of Health Plans estimates that these new coverage mandates would increase premiums for employer-sponsored plans by over $330 million per year, making them the most expensive of 16 current legislative considerations.
Critics argue that this legislation could blur the lines of traditional family structure. Greg Burt, Capitol director of the California Family Council, opined, “This bill seeks to further erode the father, mother, and child nuclear family and make everyone in society pay for it to further a make-believe cause named ‘fertility equality.’ The reason healthy singles and same-gender couples can’t reproduce has nothing to do with infertility; it has to do with biology.”
Despite objections, supporters of the bill, such as Men Having Babies and LGBT powerhouse Equality California, clearly envision the future. They are pushing for decoupling pregnancy from biology and traditional conceptions of family and gender, seeking to create a universal model of “Fertility Equality.” These groups have previously lobbied for similar language to be included in infertility insurance mandates in several states, including Maryland, New York, New Jersey and Illinois.
The implications of this bill may be broader than California. With a history of being a testing ground for progressive policies, the outcomes of SB 729 could set a precedent for other states and federal legislation. A similar bill sponsored by Representatives Adam Schiff and Judy Chu is currently under consideration at the federal level. If passed, it would allow tax deductions for medical expenses related to in vitro fertilization and surrogacy, further bolstering the nationwide move towards redefining infertility.
While proponents of the bill argue it ensures equal treatment and reduces financial barriers, critics maintain it disrupts traditional understanding of fertility and family structure, passing the cost onto society. As the debate rages, the fate of the bill remains uncertain. If it passes, the legislation could drastically alter the landscape of reproductive healthcare coverage and family dynamics in California and potentially throughout the United States.