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A new class action has alleged that Medicare has denied equal access to fertility treatment rebates for single women and same-sex couples.
Filed by JGA Saddler in the Federal Court, a new class action has alleged Medicare unlawfully prevented single women and same-sex couples from accessing IVF rebates because they were “socially infertile” rather than “medically infertile”.
These women allegedly suffered thousands of dollars in losses by having to pay the full amount for at least two unsuccessful rounds of fertility treatments before being classified as medically infertile.
IVF Australia data shows one IVF cycle can cost $10,532, with out-of-pocket expenses approximately $5,483 with the rebates.
The conduct was allegedly a breach of the Sex Discrimination Act.
Director and class action practitioner Tristan Gaven said the class action was about fairness, transparency and accountability.
“Despite the fact that many non-heterosexual persons have a unique interest in access to fertility treatment, heteronormative and discriminatory policy have historically posed various obstacles and restricted their rights,” Gaven said.
“IVF is an emotionally and financially demanding process, and everyone should be entitled to fair and non-discriminatory treatment from Medicare.”
In April 2025, the Federal Health Department expanded the definition under which women in same-sex relationships and single women could access IVF Medicare rebates without being required to demonstrate medical infertility via repeated treatment failures.
The class action would include single women, women in same-sex relationships, and members of the LGBTI community with female reproductive characteristics who were unable to access the Medicare rebates between June 2013 and September 2024.
Gaven said the expansion was welcomed, but it “came too late”.
“Our class action is about fixing this injustice and obtaining damages for the emotional distress and embarrassment they suffered, along with economic losses from increased out-of-pocket expenses,” he said.
Healthcare lawyer Kristen Wildermuth-Watt and her partner Kate said they were shocked to discover they were not eligible.
Kristen said that while they knew the process would be complex “from the get-go”, they were not prepared for “the additional challenge of Medicare discriminating against us”.
“We strongly support this class action, not only because it reflects our own lived experience, but because it highlights a broader, systemic injustice,” Kristen said.
“Equality in accessing healthcare should not be a privilege – it should be a right.
“While this case is a start to breaking down historical barriers, it is also about restoring dignity and fairness to every individual who has been denied the same access to care and support based on who they are or who they love.”
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
