The Insurance Regulatory and Development Authority of India (IRDAI) on May 10, 2023, issued a notification regarding compliance with the Surrogacy Act, of 2012, and Assisted Reproductive Technology (Regulation) Act, of 2021
The following has been stated namely: -
• It states that All the insurers are directed to comply with the provisions of the following Acts namely: -
o Section 4 (iii)(a)(III) of the Surrogacy (Regulation) Act, 2021 which states as under namely: -
(III) insurance coverage of such amount and in such manner as may be prescribed in favor of the surrogate mother for a period of thirty-six months covering postpartum delivery complications from an insurance company or an agent recognized by the Insurance Regulatory and Development Authority established under the Insurance Regulatory and Development Authority Act, 1999; (b) the surrogate mother is in possession.
o Rule 5 of Surrogacy (Regulation) Rules, 2022 states as follows namely: -
Insurance coverage.- (1) The intending woman or couple shall purchase general health insurance coverage in favor of the surrogate mother for a period of thirty-six months from an insurance company or an agent recognized by the Insurance Regulatory and Development Authority established under the provisions of the Insurance Regulatory and Development Authority Act, (41 of 1999) 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.
o Section 22(1)(b) of ART Act, 2021 states as under namely: -
An insurance coverage of such amount as may be prescribed for a period of twelve months in favor of the oocyte donor by the commissioning couple or woman from an insurance company or an agent recognized by the Insurance Regulatory and Development Authority established under the provisions of the Insurance Regulatory and Development Authority Act, 1999
o Rule 12 of ART (Regulation) Rules, 2022 states as follows namely: -
Insurance coverage/Guarantee for oocyte donors. — (i) The Intending couple or woman will purchase general health insurance coverage in favor of the oocyte donor for a period of 12 months from an insurance company or an agent recognized by the Insurance Regulatory and Development Authority established under the provisions of the Insurance Regulatory and Development Authority Act, 1999 for an amount which is sufficient enough to cover all expenses for all complications arising due to oocyte retrieval
• It further states that the insurers are directed to comply with the aforesaid provisions of the two Acts with immediate effect and ensure that suitable products are made available.
[Notification No. IRDAI/HLT/CIR/PRO/01/05/2023]
