; (2) the term infertility means a disease, characterized by the failure to establish a clinical pregnancy— (A) after 12 months of regular, unprotected sexual intercourse; or (B) due to a person's incapacity for reproduction either as an individual or with his or her partner, which may be determined after a period of less than 12 months of regular, unprotected sexual intercourse, or based on medical, sexual and reproductive history, age, physical findings, or diagnostic testing