# 2021-211 Medical and Dental Care, In Vitro Fertilization

Case summary

F&R Date: 2021-12-10

The grievor and her civilian spouse required in vitro fertilization (IVF) and intracytoplasmic sperm injection (ICSI) as a result of male factor infertility. In accordance with the Spectrum of Care (SoC), the grievor was entitled to Canadian Armed Forces (CAF) reimbursement of one cycle of IVF, but no coverage of ICSI, given that her spouse was a civilian. The grievor argued that she should receive funding for ICSI treatment for her male civilian partner as part of the already approved IVF in the SoC. The Initial Authority found that there is no provision of medical care for non-CAF members and the denial of additional funding to cover the grievor's civilian spouse's fertility treatment was reasonable and justified.

The Committee determined that, while it is recognized that both IVF and ICSI are necessary for a couple to conceive a child, the SoC is aimed at CAF members only. The Committee also concluded that the SoC only provides reimbursement of ICSI when male factor infertility is present, which cannot apply to the grievor, who is a female.

The Committee found that the grievor was eligible for IVF coverage, but cannot claim ICSI coverage under the SoC. The Committee found that the grievor was treated fairly and in accordance with the policy. In addition, the Committee found that the SoC provided better coverage for infertility treatments than any province or territory in Canada.

FA decision summary

The Chief of the Defence Staff agreed with the Committee's findings and recommendation not to afford the grievor redress.