$2M Aetna Settlement Resolves Class Action Over Alleged Discrimination Against LGBTQ+ Couples Seeking Fertility Treatments

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Aetna has agreed to a $2,000,000 settlement to resolve a class action lawsuit that alleged the health insurer discriminatorily denied LGBTQ+ individuals with uteruses equal access to fertility treatments by forcing them to undergo additional procedures before covering the treatments.

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The $2 million Aetna discrimination settlement received preliminary court approval on December 17, 2025 and covers all individuals who resided in California and were on an Aetna plan that covered certain infertility treatments between April 17, 2019 and December 31, 2024 (the class period) and, between those dates, had a uterus, was in an eligible LGBTQ+ relationship (defined below), and was directly impacted by Aetna’s allegedly discriminatory policy in that they sought and were denied coverage for intrauterine insemination (IUI) or intra-cervical insemination (ICI) the plan would have covered had they been considered infertile or did not seek covered because they believed themselves to be ineligible, and paid out of pocket for IUI or ICI while they were on an Aetna plan.

The court-approved website for the Aetna class action settlement can be found at CaliforniaInfertilitySettlement.com.

Court documents specify that individuals looking to participate in the class action settlement must meet the criteria under one of the following:

• -Category A class members include California residents who the parties agree sought and were denied coverage for IUI or ICI due to the definition of infertility during the class period, and who Aetna’s records indicate were individuals with a uterus in an eligible LGBTQ+ relationship during the period;
• -Category B class members include California residents who the parties agree sought and were denied coverage for IUI or UCI due to the definition of infertility during the class period, and who submit an attestation certifying that they were individuals with uteruses in an eligible LGBTQ+ relationship at the time they sought coverage;
• -Category C class members include California residents who were members of an Aetna plan during the class period who attest to and provide evidence of out-of-pocket expenses for IUI or ICI services received that would have been covered by their Aetna plan; and
• -Category D class members include California residents who sought coverage for IUI or ICI during the class period that was denied, then followed by an approval within 90 days or otherwise paid by Aetna, including:
  • Category D-A includes those who Aetna’s records indicate were individuals with uteruses in an eligible LGBTQ+ relationship during the class period and who provide evidence of out-of-pocket expense for artificial insemination services received that would have been covered by their Aetna plan, but weren’t paid;
  • Category D-B includes individuals who submit an attestation and provide evidence of out-of-pocket expenses for artificial insemination services received that would have been covered by their Aetna plan but have not yet been paid.

Court documents define an eligible LGBTQ+ relationship as a personal relationship that includes two individuals who, at the time of seeking coverage from Aetna, self-identified as a member of the LGBTQ+ community, consisting of one individual with a uterus and one individual incapable of producing viable sperm.

According to settlement documents, class members in Categories A, B, C, and D are eligible to receive a one-time default cash payout of $10,000. The agreement notes that if the number of class members exceeds 175, claimants will instead receive a pro-rata (equal share) portion of the class action settlement fund.

The agreement also states that all class members who have not already been reimbursed for eligible procedures by Aetna or another coverage provider are eligible to receive a one-time cash payment of $1,408 and possibly more if their coverage would allow for more reimbursement.

Additionally, Aetna has agreed to create a separate $250,000 special harms fund to reimburse class members who experienced greater emotional or physical harm due to the company’s denial of coverage for fertility treatment. All class members are eligible to receive a one-time cash payment from the special harms fund at the discretion of the settlement administrator, the website says.

According to settlement documents, class members in Category A do not need to do anything to receive an automatic cash payment from the settlement. Class members in categories B, C, and D must fill out a settlement claim form and include an attestation that they were an individual with a uterus in an eligible LGBTQ+ relationship who received an infertility service for which they sought coverage from Aetna between April 17, 2019 and December 31, 2024.

Class members in categories C and D must also provide documentation supporting their claimed out-of-pocket costs incurred for IUI or ICI during the class period, the settlement website says.

To submit an Aetna settlement claim form online, class members can head to this page and enter the notice ID and PIN as found on their copy of the settlement notice. Alternatively, class members can visit this page and select the correct claim form to print, complete and return by mail to the settlement administrator.

All Aetna claim forms must be submitted online or postmarked no later than June 29, 2026.

In addition to monetary benefits, Aetna has agreed to implement business practice changes to ensure that it can no longer discriminate against members of the LGBTQ+ community. The agreement highlights that on June 1, 2024, Aetna implemented a new policy that includes coverage for IUI or ICI pursuant to standards set out in the case Goidel v. Aetna, Inc. et al..

Moreover, Aetna has agreed that individuals with uteruses who are involved in an eligible LGBTQ+ relationship are no longer required to undergo more ovulation cycles to qualify for in-vitro fertilization (IVF) than heterosexual individuals. Aetna will fairly consider the couples’ specific circumstances, including the availability of chosen sperm, when considering IVF coverage.

The court will determine whether to grant final approval to the Aetna infertility settlement following a hearing on November 12, 2026. Compensation will begin to be distributed to class members only after final approval has been granted and any appeals have been resolved.

The Aetna infertility class action lawsuit claimed that the health insurance provider intentionally discriminated against patients on the basis of sex, particularly sexual orientation and gender identity. The suit claimed that Aetna required LGBTQ+ patients seeking coverage for fertility treatments to pay for as many as 12 out-of-pocket cycles of artificial insemination before insurance would cover IVF, which forced queer patients and their families to wait longer before they received fertility treatments.  

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