Berton v. Aetna California Infertility Class Action Settlement: $1.75M Fund, Up to $10,000 for LGBTQ+ Members Denied Coverage
Berton v. Aetna California Infertility Class Action Settlement
Aetna Inc. and Aetna Life Insurance Co. agreed to a $1.75 million Settlement Fund to resolve claims that they denied equal infertility benefits to California members in LGBTQ+ relationships who were trying to get pregnant through artificial insemination. Eligible class members can receive a $10,000 default payment (or a pro rata share if more than 175 people qualify), a separate $1,408 Dollars for Benefits payment, and a share of a $250,000 Special Harms Common Fund.
Settlement fund
$1.75M
Plus $250K Special Harms Fund
Default payment
$10,000
If 175 or fewer Class Members
Claim deadline
Closed
Was June 29, 2026
This settlement is closed
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Do you qualify?
You may be a Class Member if ALL of the following apply:
- You resided in California and were on an Aetna plan that covered certain infertility benefits between April 17, 2019 and December 31, 2024.
- You had a uterus and were in an Eligible LGBTQ+ Relationship during that time.
- You were directly impacted by Aetna's policy, either because you sought and were denied coverage for IUI or ICI, or you paid out of pocket for IUI or ICI because you believed you were ineligible.
- Category A members do not need to submit anything to receive the $10,000 default payment. Category B, C, and D members must submit a Claim Form with an attestation or proof of out-of-pocket expenses.
- Excluded: Anyone who was not a California resident on an Aetna plan covering infertility benefits during the Class Period, anyone whose plan did not include the challenged Definition of Infertility, and anyone who timely opts out of the settlement.
Not sure if you qualify? Call the Settlement Administrator (Atticus Administration) at 1-800-842-7690, or visit californiainfertilitysettlement.com.
What happened
In 2023, named plaintiff Mara Berton filed a complaint in the Northern District of California alleging that Aetna Inc. and Aetna Life Insurance Co. denied equal access to infertility benefits for individuals in LGBTQ+ relationships. According to the complaint, Aetna's policy required these members to first complete and pay out of pocket for up to 12 cycles of artificial insemination (such as IUI or ICI) before being recognized as "infertile" and qualifying for fertility coverage, while members in straight relationships could qualify after attesting to 12 months of unprotected intercourse and were not required to pay out of pocket to access coverage.
Aetna denies that it did anything wrong, and the Court has not made a final ruling in favor of either side. In 2025, the parties agreed to settle to avoid the cost and risk of continued litigation, and the Court granted preliminary approval. The Final Fairness Hearing is scheduled for November 12, 2026 before Judge Haywood S. Gilliam Jr.
How to file a claim
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1
Confirm you are eligible
You must have been a California resident on an Aetna plan with infertility benefits between April 17, 2019 and December 31, 2024, had a uterus, been in an Eligible LGBTQ+ Relationship during that period, and either been denied IUI or ICI coverage or paid out of pocket for those services because you believed you were ineligible. The Notice you received in the mail will indicate which class category (A, B, C, or D) Aetna's records suggest applies to you.
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2
Pick your claim type
Category A members are paid the $10,000 default automatically and only need to file a Claim Form to seek extra money. Category B members file an attestation that they were in an Eligible LGBTQ+ Relationship. Category C and D members must additionally provide evidence of out-of-pocket expenses for IUI or ICI. Any class member who experienced extraordinary harms (additional out-of-pocket costs, pain and suffering, delay in getting pregnant) can also apply for a payment from the $250,000 Special Harms Common Fund.
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3
Submit online or by mail
File online at californiainfertilitysettlement.com/berton-v-aetna-claim-form-login, or mail your completed Claim Form to: Berton v. Aetna Inc. & Aetna Life Insurance Co., c/o Atticus Administration, PO Box 64053, Saint Paul, MN 55164. Per the Court's preliminary approval order, claim forms must be postmarked within 180 days of the class notice mailing (December 31, 2025), so the deadline is June 29, 2026. For the long-form notice, Settlement Agreement, and Claim Submission Forms for each category, visit californiainfertilitysettlement.com.
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4
Receive your payment
Payments will be issued after the Court grants final approval and any appeals are resolved. The Final Fairness Hearing is scheduled for 2:00 p.m. on November 12, 2026 at the Oakland Courthouse. If your Claim Form has a fixable problem, the Settlement Administrator will contact you, and corrections must be received by August 28, 2026. Payments are expected to arrive by check mailed to the address on file.
Key dates
- Jun 29, 2026 Opt-out / objection deadline Upcoming
- Jun 29, 2026 Claim filing deadline Upcoming
- Nov 12, 2026 at 2:00 p.m. Final Fairness Hearing (Oakland Courthouse, in person) Upcoming
- TBD (after final approval and any appeals) Payments issued to claimants Pending
The Final Fairness Hearing will be held before Judge Haywood S. Gilliam Jr. at the U.S. District Court for the Northern District of California, Oakland Courthouse, Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA 94612. The hearing date may change without further notice, so check californiainfertilitysettlement.com for updates.
Where the money is going
Aetna estimates that fewer than 175 individuals will qualify, so eligible class members are expected to receive the $10,000 default payment. Importantly, attorneys' fees, the Dollars for Benefits payments, the Special Harms Fund, the service award, and administration costs are paid by Aetna separately and do not reduce what class members receive from the $1.75M Settlement Fund.
All amounts listed above are pending and subject to final court approval at the fairness hearing.
Common questions
How much money will I receive?
If 175 or fewer people qualify, each Class Member receives a $10,000 default monetary payment. If more than 175 people qualify, the $1.75M Settlement Fund is split pro rata (for example, 200 class members would receive $8,750 each). On top of that, eligible members receive a $1,408 Dollars for Benefits payment, and members who experienced additional harms can apply to a $250,000 Special Harms Common Fund administered by retired U.S. Magistrate Judge Steven Gold. Aetna estimates fewer than 175 will qualify, so most class members are expected to receive the full $10,000.
Do I need to submit proof?
It depends on your category. Category A members do not need to do anything to receive the $10,000 default payment. Category B members must submit an attestation that they were in an Eligible LGBTQ+ Relationship. Category C and D members must additionally provide evidence of out-of-pocket expenses for IUI or ICI services that would have been covered by their Aetna plan. To apply for the Special Harms Common Fund, you must submit documentation of the additional costs or harms you experienced.
What if I didn't receive a notice?
Notices were mailed to people Aetna identified from its records as likely Category A class members. If you think you qualify but did not receive a notice, contact the Settlement Administrator (Atticus Administration) at 1-800-842-7690 or visit californiainfertilitysettlement.com to download the Claim Submission Form for your category and the long-form notice.
Does staying in the class affect my right to sue later?
Yes. Class Members who participate will release their claims against Aetna for the issues raised in this case, meaning they cannot start, continue, or be part of any other lawsuit against Aetna over the same issues. The full release language is in the Settlement Agreement. If you are a Category A member and want to keep your right to sue separately, you must submit an Opt Out Form by June 29, 2026. Category B, C, and D members who do nothing will not be bound and will not receive any money.
When will payments be sent out?
Payments will not be issued until the Court finally approves the settlement at the November 12, 2026 Fairness Hearing and any appeals are resolved. The Settlement Administrator will mail checks once that process is complete. Once your Claim Form is submitted and accepted, you do not need to do anything else to receive payment.
Dapeer Law, P.A.
Consumer class action attorneys based in South Florida. We track settlements so you don’t have to.
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This page is for informational purposes only and does not constitute legal advice. Dapeer Law, P.A. is not the administrator of this settlement and is not affiliated with Aetna Inc., Aetna Life Insurance Co., Atticus Administration (the Settlement Administrator), or Class Counsel (Katz Banks Kumin LLP, the National Women's Law Center, and Altshuler Berzon LLP). The case is Berton v. Aetna Inc. & Aetna Life Insurance Co., Case No. 4:23-cv-01849-HSG, pending in the United States District Court for the Northern District of California before Judge Haywood S. Gilliam Jr. The class representative is Mara Berton. Aetna denies any wrongdoing and the Court has not made a final ruling for either side. This website is attorney advertising. Past results do not guarantee future outcomes.