ABSTRACT
This chapter examines the experiences of those undergoing ART treatments through the analytical lenses of disability intersecting with gender, drawing from Schiek’s intersecting nodes approach. The experiences of infertility as a disability under the medical and social models of disability are examined to identify the limitations of focusing solely on these models. In doing so, reference is made to experiences in Canada, as well as the CRPD, and the limited interpretation of this by the CJEU. The intersection of disability and gender is examined in the context of conflicting jurisprudence in the US, which demonstrates that protection is only afforded when there is a correlation between disability and gender in the courts’ reasoning. While the courts do not adopt an explicit intersectionality approach, it nevertheless identifies the interrelationship between the two. This analysis is then applied to the UK definition of disability, and it is argued that it can be reinterpreted more broadly to include infertility as a disability when examined through the intersecting lenses of disability and gender.
