fertility

Law No. 2021-1017 of 2 August 2021 on bioethics in France marks a significant step forward for single women and LGBT rights by extending access to Medically Assisted Procreation (MAP) to these previously excluded groups. Prior to this reform, MAP was only available to heterosexual couples facing medical infertility. The new law allows all women, whether in a heterosexual or lesbian couple or single, to benefit from these assisted reproductive techniques.

The plaintiff’s employee health benefit plan denied coverage for certain infertility procedures that can only be performed on women, including in vitro fertilization (“IVF”). She sued her employer for unlawful discrimination under the Americans with Disabilities Act (“ADA”), Title VII, the Pregnancy Discrimination Act, and state law. The United States District Court for the Southern District of New York granted summary judgment in favor of the defendant-employer.

The law governs agreements between the intended parents and a surrogate (the person who carries the pregnancy). The law allows for the use of the intended parents’ sperm and egg, or an egg from a donor other than the surrogate. The agreement must be approved by a special committee.