EXCLUSIVE: Lesbian couple claims New Jersey law discriminates against efforts to have child

MONTCLAIR, New Jersey (WABC) -- Marianne and Erin Krupa of Montclair just want to have a baby. After $50,000 in fertility treatments, a half dozen miscarriages, four for Erin and two for Marianne, their five-year quest for motherhood now involves a new course of action...legal action.

Last week they filed a suit against the State of New Jersey. Why? They say state law allows insurance coverage for fertility treatments for heterosexual couples, but not for lesbian couples.

"Right away, we were told that without having sexual intercourse, we would not be covered," Marianne said.

"We have a medical diagnosis of infertility, and we were denied the medical treatments any heterosexual couple would have if they walked into a fertility clinic," added Erin.

Reproductive Endocrinologist Dr. Jane Miller says the Krupa's case is not unique. She agrees with them, and says the law has to change.

"It's completely discriminatory. It gets us furious every time, because good people come in, and they say we just wanted to have a family and get on with our lives, and do what we have to do," Dr. Miller says.

The Krupa's lawsuit targets the head of the state's Department of Banking and Insurance. Eyewitness News contacted the Commissioner on Monday for his side of the story. In response, they said, "the department does not comment on pending litigation."