Mandatory Health Insurance Plans for Surrogate Mothers
Mandatory Health Insurance Plans for Surrogate Mothers
Countless women,men and couples in India, and in fact, around the world, yearn to become parents and nurture a new life. But good fortune might not favour everyone, and it might not be possible for every man, woman or couple to conceive the usual way. Which is why, surrogacy is considered as a brilliant solution to the problem. it is an agreement where a woman allows herself to become pregnant and delivers a child to a couple who will eventually be known as the child’s parents.
However, going for surrogacy comes with many risks and complications. For this reason, the Indian Government has come up with new surrogacy laws to protect the interests of surrogate mothers. The new laws mandate couples who are opting for surrogacy to take general health insurance plans with 36 months coverage in favour of the surrogate mother. In addition, the insurance amount needs to adequately cover any complications that arise during or after the pregnancy. Read on to learn more about surrogacy and the legal provisions for this practice in India.
What is Surrogacy?
Surrogacy is a practice that entails a woman carrying and giving birth to a baby for a couple who cannot do so. As part of surrogacy, the eggs of a woman and sperm of the father or a donor are fertilised via medical procedures to produce an embryo. The next step entails implanting the embryo in the uterus of the surrogate mother; she carries and finally delivers the baby. Men, women, and couples who want to have a baby can go for the surrogacy option.
Situation of Surrogate Mothers in India
The surrogacy issue has sparked raging debates around the world. More so because surrogacy laws vary from country to country. Even discussions on the social, legal, and moral concerns of surrogacy are ongoing.
As far as India is concerned, surrogate mothers often end up bearing the brunt of insufficient laws that cover their rights. That said, they cannot assert their rights in courts or any other governing bodies. And they need to rely on the decisions made by the Supreme Court or the recommendations of the Indian Council of Medical Research (ICMR). However, they can now avail the benefits of new health insurance plans that provide cover throughout the surrogacy period.
Who can Go for Surrogacy?
As per the surrogacy regulation bill that came into effect on 25th January 2022, a surrogate mother needs to be healthy and between the age of 25 and 35 years. In addition, she needs to be married at least once and have her own child. Other than that, she needs to be a close relative of the couple for whom she is undergoing surrogacy. Another important point to remember is that a woman can become a surrogate only once in her lifetime as per the new Indian surrogacy laws; previously, she could become a surrogate thrice.
Surrogacy Provisions in India
Before we move on to exploring the surrogacy provisions in India, remember that there are two types of surrogacy- traditional surrogacy and gestational or host surrogacy.
• Traditional surrogacy–
It involves artificially inseminating a surrogate with the sperm of the father. Thereafter, the surrogate carries the baby through the full term; and after delivery, she hands over the child to the couple. That means the surrogate mother is the biological mother of the child. Also, as part of traditional surrogacy, a donor’s sperm can be used instead of the father’s sperm.
• Gestational surrogacy–
It involves creating an embryo via in-vitro fertilization (IVF) and inserting the embryo inside the surrogate mother. Here again, the surrogate carries and delivers the baby; she then gives the child to the intended parents. Gestational surrogacy is considered less complex when compared to traditional surrogacy. That’s because both commissioning parents have genetic ties to the child. Hence, gestational surrogacy has become more common than traditional surrogacy. In fact, in India, IVF centresare reporting higher cases of gestational surrogacy.
However, the latest surrogacy regulation bill that came into effect on 25th January 2022 prohibits commercial surrogacy but allows altruistic surrogacy.
Under altruistic surrogacy, the commissioning parents are required to bear only the medical fees and cost of health insurance plansof the surrogate. Previously, only commercial surrogacy was allowed in India as per the laws that came into effect in the year 2002; under commercial surrogacy, a surrogate mother is paid for bearing the child.
Latest Provisions: Couples Must Buy 3-Year Health Insurance for Surrogate Mothers
Here is a look at the latest provisions of the Surrogacy (Regulation) Act, 2021 that was enforced on 25thJanuary 2022 in India:
• Couples who opt for surrogacy to become parents need to compulsory purchase general health insurance coverage that lasts for 3 years for the surrogate mother.
• The insurer needs to be recognised by the Insurance Regulatory and Development Authority as per the given provisions in the Insurance Regulatory and Development Authority Act.
• The insured sum must be adequate to cover all expensesarising due to complications during and after the pregnancy period, where the surrogate is concerned.
• A woman can attempt surrogacy procedures only three times.
• The surrogate mother can opt for abortion during the surrogacy period as per the Medical Termination of Pregnancy Act, 1971.
• The new laws state the qualifications and requirements of staff at certified surrogacy clinics, the registration process at these centres, and the cap on fees of such clinics.
• The layout of the consent form of a surrogate mother is also mentioned in the rules.
• The intending couple is required to submit an affidavit guaranteeing compensation for various expenses. These include illness, health issues, death of a surrogate mother, specified losses, among other expenses that the surrogate mother incurs during the surrogacy period.
• Gynaecologists can insert one embryo into the uterus of the surrogate mother as part of the treatment cycle. Only under special circumstances, they can transfer up to three embryos.
• A woman can opt for surrogacy in cases where she has no uterus, or her uterus has been surgically removed because of medical issues (including gynaecological cancer and other uterus-related complications).
Conclusion
The new surrogacy laws are aimed at nurturing the interests of surrogate mothers in India by way of providing health insurance plans in case of medical complications. Earlier, there were no such provisions for surrogates. Surely, this is a step towards the right direction. Still, in India, we have a long way to go where protecting the rights of surrogate mothers is concerned.
Disclaimer: The above information is for illustrative purpose only. For more details, please refer to policy wordings and prospectus before concluding the sales.
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