Overview
Going for surrogacy entails numerous risks and complications. Consequently, the Indian Government has introduced new surrogacy regulations aimed at safeguarding the welfare of surrogate mothers. These regulations require couples who choose surrogacy to obtain comprehensive health insurance policies that provide coverage for 36 months, specifically for the surrogate mother. Furthermore, the insurance coverage must sufficiently address any complications arising during or after the pregnancy.
Surrogacy involves the process of a woman carrying and delivering a baby on behalf of a couple who are unable to do so. In this procedure, the eggs of a woman and the sperm of either the father or a donor are combined through medical techniques to create an embryo.
Subsequently, the embryo is implanted into the uterus of the surrogate mother, who then has to carry and ultimately gives birth to the baby.
Individuals or couples, regardless of gender, who desire to have a child may choose to pursue surrogacy as a viable option.
Surrogacy in India
In India, surrogacy is not a new idea. While Hindu mythology contains far too many stories of surrogate mothers, the first successful birth in India in 1978 offered many childless couples hope that their desire to become parents would come true. Even though commercial surrogacy was legalised, uncontrolled surrogacy suddenly increased because there was no specific legislation or clear regulations in place. The Surrogacy (Regulation) Bill of 2016 changed several aspects of the surrogate pregnancy process in the nation.
Which can go for surrogacy in India?
As per the surrogacy regulation bill that took effect on 25 January 2022, the eligibility criteria for individuals considering surrogacy include being a healthy woman between the ages of 25 and 35.
Furthermore, it is required that the woman has been married at least once and has her child.
Additionally, she must be a close relative of the couple for whom she is undergoing surrogacy. It is important to note that, according to the new Indian surrogacy laws, a woman is now only permitted to become a surrogate once in her lifetime. In contrast, previously, she had the option to become a surrogate up to three times.
Surrogacy under health insurance in India
On 25 January 2022, the Insurance regulator IRDAI implemented specific requirements found in the Surrogacy Regulation Act 2021. In addition to covering the surrogacy expenses, couples who choose gestational surrogacy are now required to select health insurance for the surrogate mother. All general health insurance firms recognised by the IRDAI shall provide coverage for a surrogate for three years or thirty-six months.
The coverage should be adequate to pay for any medical costs that may emerge during a postpartum or pregnancy-related emergency. Under the guidelines established by the Surrogacy Regulation Act of 2021, selecting an insurance plan entails entering into a contract with the insurer that covers any medical costs that the intended couple or an individual may incur in connection with surrogacy, including the following:
- Specified loss
- Health conditions
- Death or illness of the surrogate mother
- Prescribed medical expenses incurred on the surrogate mother during the process of surrogacy.
The following provisions have been implemented to facilitate and enhance surrogate pregnancy in India. Insurance coverage should be essential to protect the surrogate's physical and mental health to mitigate the health risks associated with surrogacy.
The regulatory authority stated that the modifications are in keeping with the evolving demands of society, which makes them a constructive move. The need for surrogate moms has been steadily increasing.
All health insurance providers in India must comply with the Surrogacy Act, 2012 and the Assisted Reproductive Technology (ART) Act, 2021, as directed by the IRDAI. This directive is expected to benefit individuals and families who are unable to conceive or start a family due to medical conditions by covering surrogacy expenses.
Additionally, insurance providers will offer suitable health insurance plans to help individuals cover their surrogacy expenses. As per the Surrogacy Act 2021, the surrogate mother can obtain
insurance cover for postpartum delivery complications for 36 months from an IRDAI-recognised insureror agent.
Rule 5 of the Surrogacy (Regulation) Rules, 2022 mandates that intending couples or women purchase health insurance for the surrogate mother for 36 months from an IRDAI-recognised insurer or agent,covering all pregnancy-related expenses and postpartum delivery complications.
Important provisions to keep in mind while choosing surrogacy
When a couple chooses to become parents through surrogacy, they are required to acquire general health insurance for the surrogate mother that will cover her for three years.
- Under the guidelines outlined in the Insurance Regulatory and Development Authority Act, the insurer must be accepted by the authority.
- As far as the surrogate is concerned, the insured amount must be sufficient to pay for any costs resulting from difficulties during and after the pregnancy.
- A woman is limited to only three attempts at surrogacy.
- Under the Medical Termination of Pregnancy Act of 1971, the surrogate mother may choose to have an abortion during the surrogacy term.
- The law specifies the requirements and qualifications for employees at accredited surrogacy clinics, how these facilities must register, and the cap on fees of such clinics.
The guidelines also address how a surrogate mother's consent form should be formatted. - The prospective couple must provide an affidavit ensuring payment for various expenses. These comprise, among other costs that the surrogate mother bears during the surrogacy process, sickness, health problems, the death of a surrogate mother, and specific losses.
- As part of the treatment cycle, gynaecologists can implant one embryo into the surrogate mother's uterus. They are only allowed to transfer up to three embryos 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 eases concerns of raising medical expenses for expecting couples. Star Health Insurance offers coverage for surrogacy, ensuring to empower women in one of their essential stages of life.
