The Indian Government has introduced new surrogacy regulations to protect the welfare of surrogate mothers, considering the various risks and complications associated with surrogacy. These regulations mandate that couples opting for surrogacy must obtain comprehensive health insurance policies that cover the surrogate mother for 36 months. Additionally, the insurance coverage must adequately address any complications that may occur during or after the pregnancy.
In surrogacy, a woman carries and delivers a baby for a couple who cannot do so themselves. Medical techniques are used to combine a woman’s eggs with sperm from either the father or a donor to create an embryo.
Medical professionals implant the embryo into the uterus of the surrogate mother, who then carries the pregnancy and eventually gives birth to the baby. Individuals or couples, regardless of gender, may choose surrogacy as a viable option to have a child.
Surrogacy in India
Surrogacy is not a new concept in India. While Hindu mythology includes numerous stories of surrogate mothers, the first successful birth in India in 1978 gave hope to many childless couples aspiring to become parents. Despite the legalization of commercial surrogacy, the absence of specific legislation and clear regulations led to a sudden rise in unregulated surrogacy. The Surrogacy (Regulation) Bill of 2016 introduced several changes to the surrogate pregnancy process in the country.
Surrogacy in India can be broadly divided into the following two types:
- Gestational Surrogacy is the most common type, where the surrogate carries an embryo created from the eggs and sperm of the intended parents or donors. In this arrangement, the surrogate has no genetic connection to the child.
- In Traditional Surrogacy, the surrogate uses her eggs, making her the biological mother of the child. This method is less common and involves more legal complications.
- India has emerged as a modern hub for surrogacy, primarily due to its lower costs and more liberal legal environment compared to most Western countries. However, effectively managing the financial and insurance aspects is essential for a smooth process.
Who is eligible for surrogacy in India?
The Surrogacy Regulation Bill, effective from 25 January 2022, states that eligible candidates for surrogacy must be healthy women aged between 25 and 35.
Additionally, the regulations require that the woman be married at least once and must have a child.
Additionally, the regulations require the woman to be a close relative of the couple for whom she acts as a surrogate. Notably, the new Indian surrogacy laws allow a woman to become a surrogate only once in her lifetime, whereas previously, she could take on the role up to three times.
Surrogacy Under Health Insurance in India
On 25 January 2022, the Insurance Regulatory and Development Authority of India (IRDAI) enforced certain provisions outlined in the Surrogacy Regulation Act 2021. Couples opting for gestational surrogacy must now obtain health insurance for the surrogate mother, covering surrogacy-related expenses. All general health insurance companies approved by the IRDAI are required to provide coverage for the surrogate for three years or thirty-six months.
The coverage must adequately cover any medical expenses that may arise from pregnancy-related or postpartum emergencies. According to the guidelines set by the Surrogacy Regulation Act of 2021, choosing an insurance plan requires forming a contract with the insurer to cover any medical expenses the intended couple or individual may face related to surrogacy, including the following:
- Specific losses
- Health conditions
- Illness or death of the surrogate mother
- Authorized medical expenses incurred for the surrogate mother during the surrogacy process.
The following provisions aim to facilitate and improve surrogacy practices in India. Ensuring insurance coverage is crucial to safeguard the surrogate’s physical and mental health and reduce the health risks associated with surrogacy.
The regulatory authority stated that the changes align with society’s evolving needs, making them a positive step forward. The demand for surrogate mothers has been steadily rising.
The IRDAI has directed all health insurance providers in India to comply with the Surrogacy Act, of 2012, and the Assisted Reproductive Technology (ART) Act, of 2021. This regulation aims to support individuals and families unable to conceive or start a family due to medical conditions by providing coverage for surrogacy expenses.
Additionally, insurance providers will provide appropriate health insurance plans to assist individuals in covering their surrogacy expenses. According to the Surrogacy Act 2021, the surrogate mother can receive.
An IRDAI-recognized insurer or agent must provide insurance coverage for postpartum delivery complications for 36 months.
Under Rule 5 of the Surrogacy (Regulation) Rules, 2022, intending couples or women must obtain health insurance for the surrogate mother from an IRDAI-recognized insurer or agent. This insurance must cover all pregnancy-related expenses and postpartum delivery complications for 36 months.
Key Provisions to consider when opting for surrogacy
Couples opting for parenthood through surrogacy must obtain general health insurance for the surrogate mother, providing coverage for three years.
- The Insurance Regulatory and Development Authority Act requires that the authority approve the insurer.
- The insured amount must be adequate to cover any expenses the surrogate may face due to complications during and after the pregnancy.
- A woman can make only three attempts at surrogacy.
- The Medical Termination of Pregnancy Act of 1971 allows the surrogate mother to choose to have an abortion during the surrogacy term.
- The law outlines the qualifications and requirements for employees at accredited surrogacy clinics, the process for facility registration, and the maximum fees these clinics can charge.
- The guidelines also specify the proper format for a surrogate mother’s consent form.
- The prospective couple must submit an affidavit guaranteeing payment for various expenses, including sickness, health issues, the death of the surrogate mother, and specific losses, along with other costs the surrogate mother may incur during the surrogacy process.
- As part of the treatment cycle, gynecologists may implant one embryo into the surrogate mother’s uterus and can transfer up to three embryos only under specific conditions.
- If a woman has no uterus or has had her uterus surgically removed due to a medical condition (such as gynaecological cancer or other difficulties relating to the uterus), she may choose to become a surrogate.
Conclusion
Health insurance covering surrogacy helps alleviate concerns about rising medical expenses for expecting couples. Star Health Insurance provides surrogacy coverage, aiming to support and empower women during one of the most crucial stages of their lives.