Health insurance companies do not have to cover the cost of artificial insemination for same-sex married couples.
That was decided by the Federal Social Court (BSG) in Kassel, according to a message.
A lesbian and sterile plaintiff from Aschaffenburg had requested reimbursement of the cost of fertility treatment.
The Hanseatische Krankenkasse in Hamburg refused.
The woman sued against this, but was unsuccessful in the lower courts.
The Bavarian State Social Court had argued that the prerequisite for reimbursement was that the spouse's egg and sperm cells were used.
In a same-sex marriage, however, there is a need to use donor sperm from a third party.
This is not covered by the legal regulation.
Treatment of a disease
According to the Federal Social Court, the law provides for "assisting artificial insemination" for couples who can basically have children together but who cannot do so because of health problems.
Only such a "disease-like component" justifies that the health insurers pay.
The plaintiff ultimately seeks compensation for the general lack of opportunity for lesbian couples to have a child without help.
The Federal Social Court found that the regulation was not in conflict with equality or discriminatory.
Finally, it also affects unmarried women and heterosexual couples in whom one partner does not have sperm or egg cells suitable for fertilization.
File number: B 1 KR 7/21 R
jpz / dpa / jurAgentur