$2M Aetna fertility discrimination class action settlement

Aetna agreed to a $2 million class action lawsuit settlement to resolve claims its health insurance policy discriminated against LGBTQ+ individuals by denying equal access to fertility treatments.

The Aetna settlement benefits a class of Aetna members whose member files contain a denial of a claim or precertification request for artificial insemination or in vitro fertilization codes between Sept. 1, 2017, and May 31, 2024.

The settlement splits these class members into four categories:

• Category A includes individuals for whom Aetna has sufficient information to determine they were in an eligible LGBTQ+ relationship.
• Category B includes individuals for whom Aetna does not have sufficient information to determine they were in an eligible LGBTQ+ relationship.
• Category C includes individuals for whom Aetna does not have sufficient information to determine they were in an eligible LGBTQ+ relationship or who did not submit precertification or claim requests during the class period despite undergoing artificial insemination.
• Category D includes individuals whose member files contain a denial of a claim or precertification request for artificial insemination or in vitro fertilization codes, but whose denial was later reversed.

These category definitions define an “eligible LGTBQ+” relationship as a relationship involving self-identifying LGBTQ+ members, consisting of one individual with a uterus in a relationship with a partner who was incapable of producing sperm due to either being assigned female at birth or being assigned male at birth and later transitioning to the opposite gender.

Plaintiffs in the class action lawsuit accused Aetna of discriminating against LGBTQ+ individuals in violation of New York laws by denying them access to fertility treatments. According to the plaintiffs, these policies made it prohibitively expensive for LGBTQ+ members to start families.

Aetna is a health insurance company that offers a variety of plans, including those that cover fertility treatments.

Aetna hasn’t admitted any wrongdoing but agreed to pay $2 million to resolve the fertility discrimination class action lawsuit.

Under the terms of the Aetna settlement, class members can receive a default payment of $10,000. Class members may also receive a $2,300 payment if Aetna has not paid for artificial insemination-related expenses that should have been covered by their plan. Together, these payments will total around $12,300. These payments may be reduced on a pro rata basis if there are more than 200 participating class members.

Category A class members do not need to file a claim to receive default settlement and expense payments.  Category B class members need to file an attestation form to receive default settlement and expense payments. Category C and Category D class members need to file an attestation form and claim submission form to receive default settlement and expense payments.

Additional compensation may be available for further losses. Class members who have additional expenses related to the denial of their infertility coverage can submit an out-of-pocket expense claim form for additional compensation. Class members who experienced additional harm as a result of Aetna’s denial of infertility coverage can submit a miscellaneous harm claim form for additional compensation. Class members who received greater covered care than what was reimbursed by Aetna can submit a proof of greater covered care claim form for additional compensation.

The deadline for exclusion and objection is Aug. 26, 2025.

The final approval hearing for the Aetna fertility discrimination settlement is scheduled for Oct. 10, 2025.

Class members who are required to do so must submit their claim and assentation forms by Aug. 26, 2025. All class members who wish to submit optional forms for additional compensation must also do so by Aug. 26, 2025.

Who’s Eligible

Aetna members whose member files contain a denial of a claim or precertification request for artificial insemination or in vitro fertilization codes between Sept. 1, 2017, and May 31, 2024.

The settlement splits these class members into four categories:

• Category A includes individuals for whom Aetna has sufficient information to determine they were in an eligible LGBTQ+ relationship.
• Category B includes individuals for whom Aetna does not have sufficient information to determine they were in an eligible LGBTQ+ relationship.
• Category C includes individuals for whom Aetna does not have sufficient information to determine they were in an eligible LGBTQ+ relationship or who did not submit precertification or claim requests during the class period despite undergoing artificial insemination.
• Category D includes individuals whose member files contain a denial of a claim or precertification request for artificial insemination or in vitro fertilization codes, but whose denial was later reversed.

Potential Award

$12,300

Proof of Purchase

Serving and billing information, medical bills, medical records and other documentation of expenses or harm.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

08/26/2025

Case Name

Goidel, et al. v. Aetna Life Insurance Co., Case No. 1:21-cv-07619-VSB, in the U.S. District Court for the Southern District of New York

Final Hearing

10/10/2025

Settlement Website

InfertilityInsuranceSettlement.com

Claims Administrator

Infertility Insurance Settlement
c/o Atticus Administration
PO Box 64053
St. Paul, MN 55164
[email protected]
800-205-6861

Class Counsel

Zoe Salzman
Debra L Greenberger
Eric Abrams
EMERY CELLI BRINCKERHOFF ABADY WARD & MAAZEL LLP

Michelle Banker
Noel R León
Alison Tanner
Sudria Twyman
NATIONAL WOMEN’S LAW CENTER

Defense Counsel

Earl B Austin
Sarah Reeves
BAKER BOTTS LLP

Mariellen Dugan
CALCAGNI & KANEFSKY LLP