As per the new Surrogacy (Regulation) Rules 2022 with respect to Surrogacy (Regulation) act, 2021, issued by the Government for the benefit of Surrogate mothers, couples who wish to become parents through surrogacy must buy 3-years (36 months) health insurance plans for surrogate mothers.
Definition:
As per the Surrogacy Regulation Act 2021, insurance means an arrangement by which a company, individual or intending couple undertakes to provide a guarantee of compensation for medical expenses, health issues, specified loss, damage, illness or death of a surrogate mother and such other prescribed expenses incurred on such surrogate mother during the process of surrogacy.
- The couple who wants surrogacy should be married for more than 5 years.
Background:
On 21st June 2021 the union health ministry, in a gazette notification described the requirements and qualifications to run a surrogacy clinic along with the prescribed format of a consent form, and application form for registration of a surrogacy clinic and intending couple to avail surrogacy.
New Rules:
i.According to the new surrogacy rules, this insurance plan should be availed from an insurance company or an agent recognized by the Insurance Regulatory and Development Authority of India (IRDAI).
ii.The insured amount must be sufficient to cover all expenses for all complications arising out of pregnancy and also covering postpartum delivery complications.
Benefits for Surrogate Mother:
i.Under the Surrogacy Rules 2022, a surrogate mother has to give her consent through an agreement for giving up all her rights over the child and shall hand over the child/children to the intending couple or to a person appointed by the intending couple.
ii.The government has also ensured that the number of attempts of any surrogacy procedure on the surrogate mother shall not be more than 3 times.
iii.A surrogate mother may be allowed for abortion during the process of surrogacy in accordance with the Medical Termination of Pregnancy Act, 1971 in case of any complication as advised by the doctors.
Surrogacy clinic:
i.A Surrogacy clinic shall have at least one gynaecologist, one anaesthetist, one embryologist and one counsellor.
ii.Every private surrogacy clinic has to file an application for registration with a fee of Rs.2 lakh which is non-refundable whereas the government-run institutes are exempt from such fees.
About Ministry of Health and Family Welfare (MoHFW):
Union Minister – Mansukh Mandaviya (Rajya Sabha – Gujarat)
Minister of state – Bharati Pravin Pawar
