IRDAI directs insurers to cover surrogacy expenses under health insurance policy

A health insurance policy will now cover surrogacy expenses for families who due to medical conditions are unable to start a family. This is because the Insurance Regulatory and Development Authority of India (IRDAI) has directed all insurers to comply with the Surrogacy Act, 2012 and ART (Assisted Reproductive Technology) Act, 2021.

“Surrogacy is a medical option for those families or individuals who due to medical conditions are unable to conceive on their own and are unable to start a family. The circular by IRDAI is a welcome move to provide cover for such families and truly fulfil their dream of having children, especially now with medical advancement in the domain. This inclusive step will provide these individuals access to quality medical care," said Bhaskar Nerurkar, Head – Health Administration Team, Bajaj Allianz General Insurance.

IRDAI has directed all insurers to comply with the two Acts with immediate effect and ensure that suitable products are made available.

Section 4 (iii)(a)(III) of Surrogacy (Regulation) Act, 2021 states an insurance coverage of such amount and in such manner as may be prescribed in favour of the surrogate mother for a period of thirty-six months covering postpartum delivery complications from an insurance company or an agent recognised by the IRDAI; (b) the surrogate mother is in possession.

Rule 5 of Surrogacy (Regulation) Rules, 2022 states (1) The intending woman or couple shall purchase a general health insurance coverage in favour of surrogate mother for a period of thirty six months from an insurance company or an agent recognized by the IRDAI for an amount which is sufficient enough to cover all expenses for all complications arising out of pregnancy and also covering post- partum delivery complications.

Section 22(1)(b) of ART Act, 2021 states as under: An insurance coverage of such amount as may be prescribed for a period of twelve months in favour of the oocyte donor by the commissioning couple or woman from an insurance company or an agent recognised by the IRDAI.