As a mother of two, Bec Haight is taking a stand against an unfair shaming policy. She rejects the term “socially infertile” that society has branded her and many other TSRAs with. Represented by the law firm JGA Saddler, a group of plaintiffs have filed a class action lawsuit. This lawsuit aims to remedy a Commonwealth policy that has erroneously refused to grant rebates for fertility treatments to single women and same-sex couples. The case has received national media attention, as well as the attention of some 40,000-50,000 class members. These people have already endured enough obstacles in their pursuit of fertility care.
Haight’s fight started when she turned into an individual woman in her 30s. She began to come to terms with the reality of her impending fertility cliff. She had long wanted to begin a family, but COVID put up enormous roadblocks. This meant that she was forced to pay for costly fertility treatments with zero support from Medicare rebates. As she reflects on her journey, she notes, “It is a challenging enough journey without having to pay extra costs others don’t have to pay and subject yourself to medical procedures others don’t have to.”
A Shift in Policy
The outlook started looking up in mid-April, when the Biden administration released a directive expanding Medicare’s definition of infertility. This amendment will now allow for single women and women in same sex relationships to receive IVF subsidies. Now, they do not even have to demonstrate “medical infertility.” Until now, Haight would have had to go through “unnecessary” procedures because of the Commonwealth’s policy. She recalls her doctor’s frankness about her situation:
“[My doctor] was very up-front that, because I was ‘socially infertile,’ I had to do three procedures to show that I did actually need fertility assistance before the Medicare rebates would kick in.”
Haight’s personal experience illustrated the hardship that so many others suffered as a result of this policy. She ultimately paid out of pocket for three procedures ranging from $12,000-$15,000 before she even qualified for any rebates. The class action aims to have these costs reimbursed. More than just offering a lifeline to couples facing infertility, it sends a clear signal to policymakers that now is the time to ensure equitable access to fertility treatments.
Voices of Advocacy
Jan Saddler, attorney on the case, told us that in addition to this individual impact, the discriminatory policy “sent a message. She spoke out against the way women have been penalized or rewarded just because they’re single or married.
“They were really being [treated differently] because they were single women and same-sex women.”
Saddler focused on the creative lengths women went to in order to pay for their elective fertility treatments. She reiterated the deep emotional and financial cost this crisis took on her family.
“We’ve heard of women having to borrow money from family, draw down on any excess in mortgage they might have, work overtime, work extra shifts, to pay for those services.”
The plight of women like Haight has drawn attention from advocates for reproductive rights, including Ged Kearney, who stated, “For too long single women and lesbians faced barriers when it came to access IVF. It was expensive, it was unfair, and it was just plain wrong.”
The Human Cost
Even with these recent policy changes, Haight was doubtful the government would act with the necessary urgency without serious legal pressure. She remarked on the need for ongoing advocacy:
“Even though the government has since remediated its discriminatory policies … I don’t think the government really listens unless people with big lawyers take them to court.”
Haight hopes that this case will prompt policymakers to consider the human experiences behind the statistics and labels. She described the term “socially infertile” as a “classic, soulless medical term.” She emphasized the importance of being open to discussing the emotional side of fertility treatment.
“I think the people who make these policies and labels sometimes forget there are actual humans involved here.”
Haight’s path has been full of obstacles, but she is the first to acknowledge how lucky she is—lucky to have a supportive home base and her two children. She stated,
“[It] has had an impact to this day, of course, but I’m still very lucky to have a home in this day and age and two beautiful children, [it’s] an absolute privilege.”
