The Insurance Regulatory and Development Authority of India (IRDAI) issued a circular on May 12, 2023, directing all insurers to adhere to the rules contained in the Assisted Reproductive Technology (ART) Act, 2021, and the Surrogacy (Regulation) Act, 2021.
A woman (the surrogate mother) bears a pregnancy and gives birth to a child on behalf of another person or couple (the intended parents) under the terms of a legal and regulated agreement known as surrogacy. The intended parents get parental rights from the surrogate mother once she commits to caring for the embryo or fetus until delivery. People or couples who are unable to conceive or carry a baby on their own for a variety of reasons, such as infertility, health issues, or same-sex partnerships, sometimes turn to surrogacy. Surrogacy is subject to a complicated legal and ethical procedure, and different countries have different laws and regulations regarding it.
The IRDAI wants to make surrogacy more affordable and accessible for potential parents who want to start families via this technique by including it into health insurance coverage.
The Surrogacy (Regulation) Act of 2021 and the ART Act of 2021 have introduced essential elements to govern surrogacy agreements in India. This emphasizes the need of insurance coverage for surrogacy. The need of insurance protection to protect the surrogate mother’s and oocyte donor’s financial and health interests is one of the crucial elements emphasized in these statutes. The IRDAI has taken the effort to assure compliance from insurers and hastened the availability of acceptable insurance products since it recognizes the importance of this component.
A Directive From IRDAI To Insurers The IRDAI has instructed all insurers to abide by these rules in accordance with the guidelines set out in the Surrogacy Act, 2012, and the ART Act, 2021. Insurance providers must provide extensive insurance coverage that meets the unique needs of oocyte donors and surrogate moms.
Encouragement of Comprehensive Insurance Coverage: This directive’s goal is to persuade insurers to provide comprehensive insurance plans that comply with the Surrogacy Act of 2012 and the ART Act of 2021’s rules. Insurance companies are advised to provide plans that cover all essential medical costs, including as issues associated with pregnancy, delivery, and oocyte retrieval. These plans should also follow the specified coverage durations and provide sufficient financial security for oocyte donors and surrogate mothers who participate in assisted reproductive treatments.
The importance of giving priority to these people’s welfare and financial security in surrogacy agreements is underlined by the IRDAI’s guidance to insurers about complete insurance coverage for oocyte donors and surrogate moms. In addition, by abiding by the rules established in the ART Act, 2021 and the Surrogacy (Regulation) Act, 2021, insurers
play a critical role in fostering a supportive and safe environment for assisted reproductive technologies, safeguarding the safety of oocyte donors and surrogate mothers.
