IVF treatments for same-sex couples to be covered by Aetna in national settlement
Lesbian couple Mara Berton and June Higginbotham faced hurdles in their journey to start a family due to discriminatory insurance policies. Unlike their heterosexual counterparts, Berton and Higginbotham had to shell out $45,000 for fertility treatments, such as artificial insemination and in vitro fertilization, as their insurance did not cover these costs.
Feeling the injustice of the situation, Berton decided to take a stand and became the lead plaintiff in a class action lawsuit challenging the policy. Last week, a landmark settlement was reached, requiring health insurer Aetna to cover fertility treatments for same-sex couples nationwide. This decision will benefit an estimated 2.8 million LGBTQ members, including 91,000 Californians.
Under the settlement, Aetna will also pay at least $2 million in damages to eligible California-based members. This victory marks a significant step towards equality in accessing fertility benefits for LGBTQ individuals.
Alison Tanner, senior litigation counsel for reproductive rights and health at the National Women’s Law Center, expressed hope that this decision will prompt other insurers to change their policies. In a related development, a new law in California will soon grant fertility benefits to an additional 9 million residents, including same-sex couples and single individuals.
Prior to the settlement, Aetna’s policy required individuals to undergo months of unsuccessful attempts at conceiving through unprotected heterosexual intercourse before qualifying for fertility benefits. This policy effectively discriminated against LGBTQ members and denied them access to essential reproductive health services.
The journey to parenthood for Berton and Higginbotham was fraught with challenges, including multiple rejections from their insurance provider and stringent requirements for accessing benefits. Despite the emotional toll and financial strain, the couple persevered and eventually welcomed healthy twin girls through IVF.
While their family dreams were realized before the lawsuit’s conclusion, Berton and Higginbotham hope that the settlement will pave the way for other LGBTQ couples to fulfill their desire for children without facing discriminatory barriers. The couple believes that the settlement is a significant step towards rectifying a longstanding injustice in the healthcare system.
The story of Berton and Higginbotham’s journey to parenthood serves as a reminder of the importance of equal access to fertility benefits for all individuals, regardless of sexual orientation. Through their advocacy and perseverance, they have brought about positive change that will benefit countless LGBTQ individuals seeking to start a family.



