$2M Aetna Infertility Discrimination Settlement, Claims Until June 29 Are You Eligible to Claim?

The U.S. District Court for the Northern District of California has preliminarily approved a settlement between Aetna and the plaintiffs in Berton v. Aetna, a class action lawsuit alleging that Aetna’s infertility coverage policy discriminated against LGBTQ+ policyholders by forcing them to pay more and wait longer to access the same fertility benefits available to heterosexual couples.

Eligible LGBTQ+ California residents who were denied coverage for artificial insemination under Aetna’s California commercial and student insurance plan can file for compensation at CaliforniaInfertilitySettlement.com. Most eligible class members who submit a qualifying claim will receive approximately $11,000 in compensation. The claim deadline is June 29, 2026.

Quick Facts

Current Status & What Happens Next

• The U.S. District Court for the Northern District of California preliminarily approved the settlement on January 28, 2026, and the claims portal opened on December 31, 2025. Eligible class members may now submit claims at CaliforniaInfertilitySettlement.com.
• The court will determine whether to grant final approval following a hearing on November 12, 2026. Compensation will begin to distribute to class members only after final approval is granted and any appeals are resolved.
• In addition to monetary benefits, Aetna has agreed to implement business practice changes ensuring it can no longer apply discriminatory standards to LGBTQ+ members seeking infertility coverage — changes that are now legally enforceable nationwide.

What Is the Aetna Infertility Discrimination Lawsuit About?

The lawsuit — filed in April 2023 by Mara Berton and represented by the National Women’s Law Center, Katz Banks Kumin LLP, and Altshuler Berzon LLP — alleged that Aetna’s fertility coverage policy violated the Affordable Care Act’s anti-discrimination provision, Section 1557, by forcing LGBTQ+ people seeking coverage for fertility care to pay more and wait longer to receive the same benefits available to straight couples.

Under Aetna’s previous policy, individuals in same-sex relationships had to pay out-of-pocket for up to 12 cycles of artificial insemination before Aetna considered them “infertile” and eligible for further coverage. By contrast, heterosexual couples could qualify simply by reporting 12 months of unprotected intercourse — at no out-of-pocket cost.

Lead plaintiff Mara Berton and her wife June Higginbotham, a same-sex couple from Santa Clara County, paid $45,000 out of pocket to conceive while heterosexual colleagues with the same Aetna insurance plan had many of those costs covered. When Berton sought coverage for artificial insemination, Aetna told her she did not meet the definition of infertility under her plan — a decision she appealed multiple times, only to be rejected each time. Aetna denies all wrongdoing and agreed to settle to avoid the costs and risks of continued litigation.

Who Is Eligible to File a Claim?

The settlement covers all individuals who resided in California, were enrolled in an Aetna plan that covered certain infertility treatments between April 17, 2019, and December 31, 2024, had a uterus, were in an eligible LGBTQ+ relationship, and were directly impacted by Aetna’s allegedly discriminatory policy either by being denied coverage for IUI or ICI, not seeking coverage because they believed themselves to be ineligible, or paying out of pocket for IUI or ICI while enrolled in an Aetna plan.

The settlement defines four categories of class members:

Category A — Confirmed Denial (no claim form proof required for default payment):

• You may qualify if Aetna’s own records confirm you sought and were denied coverage for IUI or ICI due to the definition of infertility during the class period, and records indicate you were an individual with a uterus in an eligible LGBTQ+ relationship at that time.

Category B — Self-Attested Denial (attestation only):

• You may qualify if you sought and were denied coverage for IUI or ICI during the class period and submit an attestation certifying you were an individual with a uterus in an eligible LGBTQ+ relationship at the time you sought coverage.

Category C — Out-of-Pocket Expenses (attestation + documentation):

• You may qualify if you were an Aetna California plan member during the class period who attests to and provides evidence of out-of-pocket expenses for IUI or ICI services received that would have been covered by your Aetna plan had the discriminatory policy not been applied.

Category D-B — Unpaid Claims (attestation + documentation):

• You may qualify if you submit an attestation and provide evidence of out-of-pocket expenses for artificial insemination services that would have been covered by your Aetna plan but have not yet been reimbursed.

Additional eligibility notes:

• You may qualify if you did not seek IUI or ICI coverage because you believed you were ineligible due to Aetna’s policy, even if you never formally applied and were denied.
• You may not qualify if you were enrolled in a Medicaid, Medicare, or self-insured employer plan — this settlement covers Aetna’s California commercial and student insurance plans only.
• You may not qualify if you reside outside California or your plan coverage falls outside the April 17, 2019, to December 31, 2024 class period.

How Much Can You Receive?

Most eligible class members who submit a qualifying claim will receive approximately $11,000 in compensation. The exact amount depends on your category and the total number of valid claims submitted.

If there are 175 or fewer class members, Aetna has agreed to pay all eligible class members a default monetary payment of $10,000. If there are more than 175 class members, class members will equally split a $1,750,000 settlement fund and will receive less than $10,000. Aetna has also agreed to separately pay class members for what their plan would have paid to providers for artificial insemination if the allegedly discriminatory policy had not been applied to them, unless those claims were previously paid.

Here is a summary of payout tiers by category:

Additional compensation may be available for further losses. 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.

How to File a Claim

Step 1 — Visit the official settlement website at CaliforniaInfertilitySettlement.com to access the online claim form.

Step 2 — Locate the Notice ID from the settlement notice mailed to you and your last name to log in to the online claim portal.

Step 3 — Identify your category (A, B, C, or D-B) based on whether Aetna’s records confirm your denial, whether you self-attest your denial, or whether you have documented out-of-pocket expenses.

Step 4 — If you are a Category B claimant, complete the attestation certifying your eligible LGBTQ+ relationship status. If you are a Category C or D-B claimant, provide your attestation and attach evidence of your out-of-pocket expenses for IUI or ICI services.

Step 5 — If applicable, complete optional supplemental forms for additional compensation, including the out-of-pocket expense claim form, miscellaneous harm claim form, or proof of greater covered care form.

Step 6 — Submit your claim online by June 29, 2026, or download and mail the printed claim form postmarked no later than June 29, 2026, to: Berton v. Aetna Inc., c/o Atticus Administration, PO Box 64053, St. Paul, MN 55164.

For questions, contact the settlement administrator at [email protected] or (800) 842-7690.

Estimated time to complete: 10–15 minutes.

Important Deadlines & Dates

Frequently Asked Questions

Do I need a lawyer to file a claim? 

No. Class counsel from the National Women’s Law Center, Katz Banks Kumin LLP, and Altshuler Berzon LLP represent all class members at no individual cost. You can file your claim directly at CaliforniaInfertilitySettlement.com without hiring your own attorney. If you want separate legal representation, you may hire one at your own expense.

Is this settlement legitimate? 

Yes. The U.S. District Court for the Northern District of California preliminarily approved the settlement in the case Berton v. Aetna Inc. and Aetna Life Insurance Company, and the claims administrator is Atticus Administration. Always use only the official settlement website at CaliforniaInfertilitySettlement.com before submitting any personal information. The settlement administrator’s toll-free number is (800) 842-7690.

When will I receive my payment? 

The settlement administrator will issue payments to class members approximately 60 days after the court resolves any appeals and grants final approval of the settlement. The Final Approval Hearing is November 12, 2026, so payments are unlikely to arrive before early 2027 at the earliest.

What if I missed the claim deadline? 

The claim deadline is June 29, 2026. Missing that date disqualifies you from receiving any payment from this settlement. If you do not opt out before the opt-out deadline, you will also release your right to sue Aetna separately over the infertility discrimination claims covered by this settlement.

Will this settlement payment affect my taxes? 

Settlement payments related to insurance discrimination claims may be treated differently than ordinary income depending on the nature of the payment and your individual circumstances. Consult a qualified tax professional for advice specific to your situation, particularly for larger payments such as the approximately $11,000 default award.

Does this settlement change Aetna’s coverage policies going forward? 

Yes — and this is one of the most significant aspects of the settlement. Aetna has agreed to implement business practice changes ensuring it can no longer discriminate against LGBTQ+ members seeking infertility coverage. On June 1, 2024, Aetna implemented a new policy that includes coverage for IUI or ICI pursuant to the standards set out in the earlier Goidel v. Aetna case. This settlement strengthens and expands those policy changes and ensures they are legally enforceable not just in California but nationwide.

I never received a settlement notice — can I still file? 

Yes. If you were an Aetna member in California in an LGBTQ+ relationship trying to get pregnant who could not get benefits for IUI or ICI treatment between April 17, 2019, and December 31, 2024, you may still be entitled to compensation even if you did not receive a notice. Visit CaliforniaInfertilitySettlement.com or call (800) 842-7690 to confirm your eligibility before the June 29, 2026 deadline.

How does this settlement relate to other health insurance discrimination cases? 

This settlement builds on Goidel v. Aetna, an earlier New York case that received final approval on October 14, 2025. The Berton settlement expands those policy changes nationwide and ensures they are legally enforceable beyond New York and California. California residents who have faced other health insurer discrimination issues may also want to review the Blue Cross Blue Shield class action lawsuit for context on how health insurance antitrust and discrimination cases are resolved. Separately, California residents who paid Aetna premiums between 2011 and 2021 may also have an open claim under the Sutter Health settlement, which covers members of five major California health insurers including Aetna.

Sources & References

• Official Settlement Website — Atticus Administration: CaliforniaInfertilitySettlement.com
• National Women’s Law Center Press Release (December 19, 2025): nwlc.org
• PR Newswire — Official Settlement Notice (January 28, 2026): prnewswire.com
• Georgetown Health Care Litigation Tracker — Berton v. Aetna: litigationtracker.law.georgetown.edu

Last Updated: March 11, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
Read more about Sarah