"A species is a population that cannot produce fertile offspring with another population. A number of new species have been created in the lab, populations which are reproductively isolated from their parent populations."
Genetically all human beings are of the same species, regardless of whether or not they're reproductively fertile -- science looks at populations, not individuals, and no population of humans is reproductively isolated from any other. Your second question is a legal one, not a scientific one. I'm not a lawyer but I seriously doubt you'd have much of a case arguing that infertile people aren't human beings.