CA Court Grants Preliminary Approval Guaranteeing Equitable Fertility Coverage for LGBTQ+ Families
CALIFORNIA – 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, which ensures that Aetna’s policy of guaranteeing equitable access to fertility treatments for LGBTQ+ policyholders is legally enforceable nationwide.
The lawsuit—filed in April 2023 by Mara Berton, represented by the National Women’s Law Center (NWLC), Katz Banks Kumin LLP, and Altshuler Berzon LLP—alleged that Aetna’s fertility coverage policy violated the Affordable Care Act’s anti-discrimination provision. Specifically, it claimed that Aetna discriminated based on sex 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 the settlement, eligible LGBTQ+ California residents who were, or would have been, denied coverage for artificial insemination under Aetna’s California commercial and student insurance plan can file for compensation at www.CaliforniaInfertilitySettlement.com starting December 31, 2025. The deadline to submit claims is June 29, 2026. Most eligible class members who submit a qualifying claim will receive approximately $11,000 in compensation.
“We are thrilled with this victory for thousands of queer families,” said plaintiff Mara Berton and her wife, June. “Our family helped us with the resources needed to bring our beautiful twin girls into the world, but we know that’s not an option for every queer couple. This court order ensures that queer families on Aetna plans will have access to their coverage for fertility treatments. Queer couples across the country on Aetna plans should know that if they decide to pursue fertility treatment to grow their families, they can now do so without unfair financial burden and sacrifice. We are incredibly grateful to the National Women’s Law Center, Katz Banks Kumin, and Altshuler Berzon for their time and expertise that made this victory possible. We sincerely hope other major insurance carriers will follow Aetna’s lead.”
Berton v. Aetna builds on a lawsuit NWLC previously filed on behalf of LGBTQ+ individuals in New York, Goidel v. Aetna. The class settlement in Goidel was given final approval on October 14, 2025, following a final fairness hearing. 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.
“This settlement is a triumph for LGBTQ+ families, many of whom have faced significant obstacles when seeking access to fertility health benefits,” said Alison Tanner, senior litigation counsel for reproductive rights and health at the National Women’s Law Center. “Any affected class members should file their claim and receive the compensation they deserve.”
“This is an excellent result for the class and for the LGBTQ+ community nationwide,” said Rebecca Peterson-Fisher, co-lead counsel from Katz Banks Kumin LLP. “The settlement provides virtually full compensation for LGBTQ+ couples who had to pay out of pocket for fertility treatment that should have been covered.”
“This landmark settlement ensures that LGBTQ+ couples nationwide will have equal access to fertility treatment under their Aetna health plans, setting a benchmark that we hope others in the health care coverage industry will follow,” said Connie Chan, co-lead counsel from Altshuler Berzon LLP.
If you believe you are in the class of individuals covered by this settlement, please file a claim for compensation at www.CaliforniaInfertilitySettlement.com. If you have questions about this settlement and would like to speak with Class Counsel, please email [email protected].
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