Judge OKs landmark class action settlement in LGBTQ fertility lawsuit

Emma Goidel and her spouse, Ilana Caplan, filed a lawsuit against Aetna in 2021 after the health insurer denied several of their requests for covering their fertility treatments. The couple, who were represented by the National Women’s Law Center, said they spent more than $50,000 out of pocket to conceive their second child.

“LGBTQ+ folks are as deserving of becoming parents as anyone else on this planet,” Goidel said. “I hope that when people can start signing up to be compensated, queer folks who have gone on the journey to become parents and faced barriers from insurance feel that they’re not alone in that.”

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Thirteen states require insurers to cover fertility treatments for same-sex couples who cannot conceive on their own, according to RESOLVE, a national infertility association. However, the law exempts companies that have self-funded insurance policies, where employers directly pay for employee claims.

“It is really uncomfortable sometimes to talk to your employer or your HR department about what benefits are offered, especially when those benefits have to do with wanting to start a family,” said Allison Tanner, an attorney for the National Women’s Law Center.