IRDAI vide ref. no. IRDAI/HLT/CIR/PRO/01/05/2023 dated May 10, 2023 has issued a circular on Surrogacy (Regulation) Act, 2021 (Surrogacy Act) and Assisted Reproductive Technology Act, 2021 (ART Act). By virtue of the circular, the Authority requires insurers to develop suitable health insurance products covering the prescriptions of law.
The circular requires the Insurers to comply with the requirements under the two laws. Although not expressly stated in the circular, by virtue of the circular, the Authority intends the insurers to and make available insurance products to that effect.
Requirements under the Surrogacy Act in favour of the Surrogate Mother
Section 4 (iii)(a)(III) of the Surrogacy Act requires that no surrogacy could be undertaken, unless the Director or in-charge of the surrogacy clinic are satisfied, that the intending couple is in possession of a certificate from the appropriate authority expressing satisfaction about certain conditions. One of such condition is existence of an insurance coverage of prescribed amount and manner in favour of the surrogate mother for at least a period of thirty-six months covering postpartum delivery complications .
Supplementing the above requirement under the Surrogacy Act, Rule 5 of Surrogacy (Regulation) Rules, 2022 require that the intending woman or couple has to obtain a health insurance coverage in favour of surrogate mother for at least a period of thirty-six months 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.
Requirements under the ART Act in favour of the Oocyte donor :
As per section 22(1)(b) of ART Act, 2021, the registered clinics shall not perform any treatment or procedure of Oocyte on any doner, unless the commissioning couple or the intending woman has obtained an insurance coverage in favour of the oocyte donor with prescribed amount and for at least a period of twelve months .
Supplementing the above requirement under the ART Act, Rule 12 of ART (Regulation) Rules, 2022 require that the Intending couple or woman has to obtain a health insurance coverage in favor of the oocyte donor for at least a period of 12 months for an amount which is sufficient enough to cover all expenses for all complications arising due to oocyte retrieval .
Source category: IRDAI
Attachments
- /2023/197_Circular_on_provisions_of_Surrogacy_and_ART_Act1.pdf
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