In the modern world, it’s almost impossible to find a person without the insurance policy, especially if we are talking about pregnancy. Despite the fact that nowadays there are a lot of different insurance companies to choose from, it is always quite difficult to clear all the conditions of the insurance policy and, as a rule, people are often uncertain of which services or procedures are covered by their insurance and which are not. For couples who are going to expand their families with a child, it is more or less clear because in the majority of cases pregnancy is covered by the insurance policy as well as the newborn during the certain time period. The absolutely different situation is when a couple has infertility problems and is not able to conceive a child in a natural way. In such case, the wisest decision will be to use the surrogacy services which are covered by the insurance policy in an absolutely different way. In order to clarify all the important moments of surrogacy including its procedures that are (or are not) covered by the insurance policy, we are going to consider the most uncertain moments of the policies available today.
How to Choose the Insurance Policy?
Every time when a contract is concluded between a surrogate mother and biological parents, it is very important to foresee all possible risks related to the health of the surrogate mother when bearing a child of biological parents. Sometimes the money amount of compensation for such risks is very high and biological parents in order to reduce the possible financial expenses are often trying to choose an insurance company that would cover such expenses. However, in many cases, without understanding all the nuances of insurance products, biological parents pay for insurance policies that do not cover the risks of unforeseen circumstances during childbirth.
Recently, in the forum, we have found a case when a surrogate mother interacted with biological parents without the support of the Surrogate Motherhood Center. In order to reduce unforeseen circumstances, the surrogate mother was insured under the program “Accidents” from one leading insurance operator. While giving birth to a child, surrogate mother faced with a problem that required additional treatment in the hospital after childbirth. Of course, it was not an insurance case, so parents had to bear the additional costs for the rehabilitation of the women. Unfortunately, both biological parents and surrogate mother, when purchasing an insurance policy, did not ask the insurer about the spread of insurance for unforeseen complications during pregnancy and childbirth.
The described situation with the registration of an insurance policy is an exception to the rules. In most cases, parents do not even think about the need to insure pregnancy and childbirth of a surrogate mother, and the contract does not even provide for a solution. Parents fully realize the importance of insurance only when faced with unforeseen circumstances, when it is necessary to pay for the treatment of a surrogate mother, who absolutely lawfully requires payment of additional compensation for the damage done to her health. If you independently manage the program or contact a professional agency, we strongly recommend you to pay attention not only to the availability of an insurance policy, but also to what insurance cases are covered by this policy, to discuss all the contingencies and compensation for a surrogate mother in the case of their occurrence with its obligatory entering into the contract.
Modern insurance centers always strive to reduce the financial burden for biological parents and to provide for all possible consequences for the surrogate mother by actively monitoring the insurance services market. It should be noted that many insurers nowadays are reluctant to offer programs to cover risks during pregnancy and childbirth, as this period for women carries a lot of risks. Even if the company offers these programs, you should carefully study insurance payments and details of the contract, as it may specify the limitations in case of a substitutionary bearing.
You also should remember that pregnancy and childbirth insurance can only reduce possible additional payments for compensation but do not exclude them since for the surrogate mom’s rehabilitation more funds are needed than is provided for by insurance payments. However, you shouldn’t refuse it, since this, in any case, reduces possible additional compensation for biological parents in favor of a surrogate mother.
Traditional or Gestational?
When speaking about insurance policy it is always important which type of surrogacy you are going to use. In case of a traditional type when the genetically native father’s sperm and the surrogate’s eggs are used, the majority of the insurance policies cover the procedure of an artificial insemination. At the same time, in case of a gestational surrogacy when the genetically native father’s sperm and the genetically native mother’s eggs are used, it is very difficult to find the insurance program which will cover the procedure of in-vitro fertilization (that is transferring the embryo into the surrogate’s uterus).
As practice shows, following the gaps in legislation in the sphere of surrogate motherhood allow avoiding many undesirable situations. First of all, such situations are connected with the refusal of the surrogate mother to give the child to biological parents, blackmail of abortion, demands of additional money, threats of disclosure of information about the birth of a child. In turn, biological parents may not pay the surrogate mother the promised monetary compensation, not provide her with proper conditions during pregnancy and childbirth. To prevent such conflicts, experts consider it necessary to protect the property and non-property rights and legitimate interests of the parties of the “reproductive process”. First of all, this is the preparation of a relevant agreement between the parties, which should include:
- the written consent of biological parents for bearing a child obtained as a result of in vitro fertilization by the surrogate mother and the written consent of the surrogate mother (and her husband) to bear the child;
- preparation of the statement of the surrogate mother about the absence of claims to biological parents upon termination of the surrogacy motherhood program;
- registration of the consent of the surrogate mother to the recording of genetic parents as parents of the child in the bodies of registration of acts of civil status.
This document should be drawn up in accordance with the provisions of the current legislation of a country, taking into account individual requirements, wishes and opportunities of the spouse and surrogate mother.