In a circular released on May 12, 2023, the Insurance Regulatory and Development Authority of India (IRDAI) has directed all insurers to comply with the provisions outlined in the Surrogacy (Regulation) Act, 2021, and the Assisted Reproductive Technology (ART) Act, 2021.
Surrogacy is a legal and regulated arrangement in which a woman (the surrogate mother) carries a pregnancy and gives birth to a child on behalf of another individual or couple (the intended parents). The surrogate mother agrees to nurture the embryo or fetus until birth and transfer parental rights to the intended parents. Surrogacy is often pursued by individuals or couples who cannot conceive or carry a pregnancy on their own due to various reasons, such as infertility, medical conditions, or same-sex relationships. It involves a complex legal and ethical process, and the specific laws and regulations surrounding surrogacy vary from country to country.
By incorporating surrogacy into health insurance policies, the IRDAI aims to enhance affordability and accessibility for prospective parents seeking to build their families through this method.
Importance Of Insurance Coverage For Surrogacy: The Surrogacy (Regulation) Act of 2021 and the ART Act of 2021 have established crucial provisions to regulate surrogacy arrangements in India. One of the critical aspects emphasised in these acts is the need for insurance coverage to safeguard the health and financial interests of the surrogate mother and oocyte donor. Recognising the significance of this aspect, the IRDAI has taken the initiative to ensure compliance from insurers and prompt the availability of suitable insurance products.
IRDAI's Directive To Insurers: In line with the provisions outlined in the Surrogacy Act, 2012, and the ART Act, 2021, the IRDAI has directed all insurers to comply with these regulations. Insurers must offer comprehensive insurance coverage that caters to the specific requirements of surrogate mothers and oocyte donors.
Encouraging Comprehensive Insurance Coverage: The objective of this directive is to encourage insurers to provide comprehensive insurance products that align with the provisions of the Surrogacy Act, 2012, and the ART Act, 2021. Insurers are urged to design policies encompassing all necessary medical expenses, including pregnancy, delivery, and oocyte retrieval complications. These policies should also adhere to the prescribed coverage periods and ensure adequate financial protection for surrogate mothers and oocyte donors involved in assisted reproductive procedures.
The IRDAI's directive to insurers regarding comprehensive insurance coverage for surrogate mothers and oocyte donors underscores the significance of prioritising these individuals' well-being and financial security in surrogacy arrangements. Furthermore, by adhering to the regulations outlined in the Surrogacy (Regulation) Act, 2021 and the ART Act, 2021, insurers
play a crucial role in promoting a safe and supportive environment for assisted reproductive procedures, ensuring the protection of both surrogate mothers and oocyte donors.
