Denied for Being Gay? Aetna Faces Class Action Over Fertility Coverage

If you’ve been denied insurance benefits that other members receive, your experience could help strengthen ongoing consumer actions. Share your story now—it only takes a minute.

What sparked the lawsuit?

Connecticut resident Tara Kulwicki says her employer-sponsored Aetna plan promised infertility benefits—but only after members met criteria practically tailored to heterosexual couples. Because she and her wife are a same-sex couple, she argues, Aetna’s rules kept them from coverage the plan otherwise provided.

Aetna’s defense—and why the judge rejected it

“It wasn’t us.” Aetna told the court the benefit design came from Kulwicki’s employer, so any discrimination claim should target the employer, not the insurer.
Motion to dismiss denied. The federal judge found Aetna can still be liable for how it helped draft and administer the plan, letting the case move forward.
Venue change attempt blocked. Aetna tried to shift the dispute to Georgia and add the employer as a “necessary party,” but the Connecticut court said no.

Why this matters for LGBTQ+ family building

Fertility treatments like IVF remain expensive, and employer health plans are often the only realistic path to coverage. If Kulwicki’s class action succeeds, insurers nationwide could be forced to:

Rewrite fertility eligibility rules that implicitly assume heterosexual relationships.
Extend infertility coverage triggers—such as “12 months of unprotected intercourse”—to include attempts by same-sex couples.
Pay damages or restitution to LGBTQ+ members wrongfully denied benefits.

Not Aetna’s first discrimination headline

Before this case, Aetna paid more than $3 million to settle allegations it wrongly denied proton-beam therapy for cancer patients. The repeat accusations could bolster arguments that discriminatory benefit administration is systemic, not accidental.

What happens next?

The court’s refusal to dismiss means discovery can begin. Expect:

Internal documents revealing how Aetna crafted infertility language.
Class certification battles over how many members were affected.
Potential nationwide precedent on LGBTQ+ access to fertility benefits.

Think your insurer’s policy language leaves your family out? Tell us anonymously—our team reviews every submission.

We’ll keep monitoring filings and report back as the litigation unfolds.