Lesbian couple trying to conceive child says state fertility law is discriminatory

A lesbian couple from New Jersey who is trying to conceive a child says that a state law is prohibiting them from doing so.

Three New Jersey lesbian couples are suing the state over what they call discriminatory fertility laws.

Three New Jersey lesbian couples are suing the state over what they call discriminatory fertility laws. (8/10/16)

UNION CITY - A lesbian couple from New Jersey who is trying to conceive a child says that a state law is prohibiting them from doing so.

Sarah Mills and Gloria Torres have been together for six years and have been trying to have a child for the past six months. During the process they discovered that Mills has polycystic ovarian syndrome, a disorder which disrupts her menstrual cycle.

Mills says that says normally this type of condition would make her qualified for insurance coverage of fertility treatments.  But because she is in a relationship with another woman, she says she was denied.

“I became very angry and almost depressed too because these laws are still happening,” Mills says.

A 2001 state law mandates that a woman must prove that she has not been able to conceive despite one to two years of unprotected sex with a man.  Mills and Torres along with two other New Jersey lesbian couples are now filing lawsuits with the state's Department of Banking and Insurance.

“We're loving, kind people. We haven't done anything wrong,” says Torres. “Heterosexual couples can be covered, and we can't be covered.”

The couple says they're confident they'll be able to change this mandate, but say in the meantime they will have to spend more than $30,000 out of pocket to try and conceive.

The Department of Banking and Insurance tells News 12 New Jersey that it is not able to comment on pending litigation.

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