Aetna $1.75M LGBTQ+ Infertility Coverage Settlement, Claim Deadline of June 29, 2026
The U.S. District Court for the Northern District of California has preliminarily approved a settlement between Aetna Inc. and Aetna Life Insurance Co. and the plaintiffs in Berton v. Aetna. The $1.75 million class action settlement resolves allegations that Aetna’s infertility coverage policies discriminated against LGBTQ+ members by requiring them to pay out of pocket for multiple artificial insemination cycles before qualifying for benefits — a burden not imposed on heterosexual couples.
Eligible LGBTQ+ California residents who were denied coverage for artificial insemination under Aetna’s California commercial and student insurance plans can file for compensation at CaliforniaInfertilitySettlement.com, with a claim deadline of June 29, 2026. Most eligible class members who submit a qualifying claim may receive approximately $11,000.
Quick Facts
- Lawsuit type: Class action — health insurance discrimination / infertility coverage
- Defendant(s): Aetna Inc. and Aetna Life Insurance Co.
- Case name: Berton v. Aetna Inc. & Aetna Life Insurance Co.
- Court: U.S. District Court, Northern District of California
- Settlement status: Preliminarily approved (January 2026)
- Settlement fund: $1,750,000 (plus additional reimbursement and special harms fund)
- Who may be affected: California LGBTQ+ residents with uteruses on Aetna commercial or student plans who were denied IUI/ICI coverage between April 17, 2019, and December 31, 2024
- Estimated payout: Approximately $11,000 per qualifying claimant
- Claim deadline: June 29, 2026
- Official settlement website: CaliforniaInfertilitySettlement.com
- Administrator: Atticus Administration
Current Status & What Happens Next
In January 2026, the U.S. District Court for the Northern District of California preliminarily approved a settlement that makes Aetna’s policy change legally enforceable nationwide. Here is a summary of where things stand:
- Claims open now — eligible class members can file online or by mail
- Claim, opt-out, and objection deadline: June 29, 2026
- Final approval (fairness) hearing: November 12, 2026
- Payments timeline: Approximately 60 days after the court resolves any appeals and grants final approval
To opt out: Mail a written exclusion request to the settlement administrator postmarked by June 29, 2026. Opting out means you receive no settlement benefits but retain the right to pursue your own legal action against Aetna.
To object: Submit a written objection postmarked by June 29, 2026, or appear at the November 12, 2026 fairness hearing.
What the Lawsuit Alleges
In 2023, named plaintiff Mara Berton filed a complaint against Aetna Inc. and Aetna Life Insurance Co., alleging that Aetna denied equal access to insurance coverage for infertility treatment to individuals in LGBTQ+ relationships.
Previously, Aetna’s policy required enrollees to engage in six to 12 months of unprotected heterosexual sexual intercourse without conceiving before qualifying for fertility benefits. For LGBTQ+ members, that standard was impossible to meet.
Under Aetna’s policy, Berton would have had to pay out of pocket to complete up to 12 cycles of artificial insemination — including intrauterine insemination (IUI), intracervical insemination (ICI), or intravaginal insemination (IVI) — to qualify as “infertile” and receive fertility treatment coverage. By contrast, people in straight relationships only had to state they had 12 months of frequent intercourse to qualify.
The plaintiff alleged that this infertility policy violated Section 1557 of the Affordable Care Act, which prohibits discrimination in health programs and activities.
Berton appealed Aetna’s decision multiple times and was rejected each time. Her doctors recommended no more than four rounds of artificial insemination, while Aetna’s policy required up to 12. Aetna denies any wrongdoing and agreed to the settlement to avoid the risks and expenses of continued litigation.
Who Could Be Included
The class period runs from April 17, 2019 to December 31, 2024. Four categories of class members have been certified by the court:
- Category A: California residents whose Aetna records confirm they sought and were denied coverage for IUI or ICI due to Aetna’s definition of infertility, and whose records indicate they were individuals with uteruses in an eligible LGBTQ+ relationship during the class period. Category A members automatically receive the default payment.
- Category B: California residents who were denied IUI or ICI coverage and submit an attestation certifying they were in an eligible LGBTQ+ relationship when they sought coverage.
- Category C: California residents who did not seek coverage — believing they were ineligible — and who paid out of pocket for IUI or ICI while enrolled in an Aetna plan, and who submit an attestation and proof of out-of-pocket expenses.
- Category D: Individuals who submit an attestation and provide evidence of out-of-pocket expenses for artificial insemination services that would have been covered by their Aetna plan but were not yet paid.
You must have been enrolled in an Aetna California commercial or student insurance plan during the class period. An estimated 91,000 Californians and 2.8 million LGBTQ+ Aetna members nationally are expected to benefit from the policy changes required by this settlement.
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Settlement Details
Total Fund & Compensation
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 the $1,750,000 settlement fund and receive less than $10,000.
Aetna will also reimburse artificial insemination treatments for denied members and create a “special harms common fund” worth $250,000.
In addition to these amounts, at least $1,408 is available for unreimbursed IUI or ICI costs, and the $250,000 special harms fund covers extraordinary expenses, pain and suffering, or loss of fertility opportunities.
Policy Changes
As part of the settlement, Aetna also agreed to sweeping nationwide policy changes:
- Establishing intrauterine and intracervical insemination as standard diagnostic medical benefits, requiring equal treatment of couples with ovulation cycle requirements, and considering the limited availability of selected donor sperm when members want IVF sooner
- Aligning its definition of infertility with the guidelines from the American Society for Reproductive Medicine, ensuring that all eligible plan members have equitable access to fertility treatments regardless of sexual orientation
- Revising its requirements for progressing to IVF to ensure the treatment is more accessible for LGBTQ+ individuals
How to File a Claim
- Online: Visit CaliforniaInfertilitySettlement.com and enter your notice ID and last name
- By mail:
Berton v. Aetna Inc. c/o Atticus Administration PO Box 64053 St. Paul, MN 55164
- Phone: 1-800-842-7690
- Email: [email protected]
- Deadline: June 29, 2026
Category A claimants do not need to provide proof for the default payment but must provide proof for additional claims. Category B claimants must provide an attestation to certify their eligible LGBTQ+ relationship status. Category C and D claimants must provide an attestation and evidence of out-of-pocket expenses.
Payments will be issued by check and are valid for at least 180 days after issuance. Uncashed checks will be sent to the California state controller’s unclaimed property division, where class members can claim their awards later.
Prior Cases / Context
Berton v. Aetna builds directly on an earlier LGBTQ+ fertility coverage case in New York. The class settlement in Goidel v. Aetna — a similar case filed on behalf of LGBTQ+ individuals in New York — was given final approval on October 14, 2025, following a final fairness hearing.
The Goidel lawsuit, filed in September 2021 by Emma Goidel, Ilana Lee, Madeleine Lee, and Lesley Brown, alleged that Aetna’s policies regarding artificial insemination and IVF discriminated against LGBTQ+ beneficiaries by subjecting them to higher out-of-pocket costs and longer waiting periods compared to heterosexual couples, violating Section 1557 of the Affordable Care Act and various state and local laws.
Berton strengthens and expands upon the policy changes achieved in the Goidel settlement and ensures that these changes can be legally enforced not just in New York and California, but nationwide.
Similar cases have been filed against other insurance companies, including UnitedHealthcare and Blue Cross Blue Shield.
Frequently Asked Questions
Is the Aetna LGBTQ+ infertility lawsuit a class action?
Yes. Berton v. Aetna Inc. & Aetna Life Insurance Co. is a federal class action filed in the U.S. District Court for the Northern District of California. It covers California LGBTQ+ residents with uteruses who were denied IUI or ICI coverage under Aetna commercial or student plans between April 17, 2019, and December 31, 2024.
Has a settlement been approved?
The U.S. District Court for the Northern District of California has preliminarily approved the settlement. Final approval is scheduled to be considered at a fairness hearing on November 12, 2026.
Who is eligible to file a claim?
You are eligible if you were a California Aetna member with a uterus in an LGBTQ+ relationship who could not access IUI or ICI benefits between April 17, 2019, and December 31, 2024 — whether Aetna denied your coverage or you paid out of pocket because you believed coverage was unavailable.
How much could I receive?
Most eligible class members who submit a qualifying claim can receive approximately $11,000 in compensation. The final amount depends on the total number of valid claims and your category of eligibility.
What is the deadline to file a claim?
The claim deadline is June 29, 2026. Claims must be submitted online or postmarked by that date.
Where is the official settlement website?
The official settlement website is CaliforniaInfertilitySettlement.com. This is the only authorized site for this case.
Does the settlement only affect California residents?
The cash compensation is available to eligible California residents. However, an estimated 2.8 million LGBTQ+ Aetna members nationwide will benefit from the policy changes required by the settlement.
What happens if I do nothing?
If you do nothing, you will not receive any settlement benefits. You may also give up your right to sue Aetna separately over the claims covered in this case.
Additional Context
This settlement is notable as one of the first cases requiring a major health insurer to apply equal fertility coverage policy nationally across all its enrollees. In 2023, the American Society for Reproductive Medicine updated its medical definition of infertility to include LGBTQ+ individuals and people without partners, doing so in part to prevent insurers from denying claims like those at the center of this lawsuit.
Thirteen states require insurers to cover fertility treatments for same-sex couples who cannot conceive on their own, but the law exempts companies that have self-funded insurance policies, where employers directly pay for employee claims. Federal litigation such as this case has been one path for LGBTQ+ consumers in states without those protections to seek equal access to fertility benefits.
Last Updated: March 6, 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.
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