New Surrogacy Rules: Interested Couples Have To Buy 3-Yr Health Insurance For Surrogate Mother

New Delhi: The Surrogacy (Regulation) Rules issued recently are a measure to empower a surrogate mother. Couples who intend to take the surrogacy route to become parents will have to buy a general health insurance coverage in favour of a surrogate mother for a period of 36 months.

The Surrogacy (Regulation) Act, 2021 came into force on January 25 this year.

The insurance amount should be sufficient enough to cover expenses for all complications arising out of the pregnancy and also postpartum delivery complications. According to the rules notified by the Union health ministry on June 21, the number of attempts of any surrogacy procedure on the surrogate mother should not be more than three times, news agency PTI reported.

Fact File

• The surrogate mother may be allowed abortion during the process of surrogacy in accordance with the Medical Termination of Pregnancy Act, 1971.
• The rules mention the requirement and qualification of persons employed at a registered surrogacy clinic besides the form and manner for registration and fee for a surrogacy clinic. The format of the consent form of a surrogate mother is also given in the rules.
• The intending couple has to purchase a general health insurance coverage in favour of the surrogate mother for a period of 36 months from an insurance company or an agent recognised by the Insurance Regulatory and Development Authority established under the provisions of the Insurance Regulatory and Development Authority Act.
• The amount should be sufficient to cover all expenses for all complications arising out of pregnancy and post-partum delivery complications.
• The intending couple/woman also has to give an affidavit in court as a guarantee of compensation for medical expenses, health issues, specified loss, damage, illness or death of the surrogate mother and such other prescribed expenses incurred on such surrogate mother during the process of surrogacy.
• The gynaecologist has to transfer one embryo into the uterus of a surrogate mother during a treatment cycle
• Only in special circumstances, up to three embryos may be transferred
• A woman can opt for surrogacy if she has no uterus or missing uterus or abnormal uterus or if the uterus is surgically removed due to any medical conditions such as gynaecological cancer.
• One can also opt out in cases of multiple pregnancy losses resulting from an unexplained medical reason, or any illness that makes it impossible for a woman to carry a pregnancy to viability or pregnancy that is life-threatening, among others.