- 19-Apr-2025
- Healthcare and Medical Malpractice
In India, the rights and welfare of surrogate mothers are a critical aspect of the surrogacy process. Under Indian law, surrogate mothers are entitled to certain medical coverage and insurance benefits to protect their health and ensure that they receive adequate care throughout the surrogacy process. These provisions are aimed at preventing exploitation and ensuring that the surrogate mother is treated ethically, especially in terms of healthcare and financial protection.
Under the Surrogacy (Regulation) Bill, 2020, medical coverage for surrogate mothers is mandatory to ensure that their health and well-being are prioritized throughout the pregnancy. The key provisions are:
Surrogate mothers are entitled to receive medical coverage for the entire duration of the pregnancy. This includes coverage for medical treatments, hospitalizations, consultations, and any emergency medical expenses related to the pregnancy. The intended parents are legally required to bear the medical costs associated with the pregnancy. This can include:
Post-delivery medical care is also part of the required coverage. Surrogate mothers should have access to healthcare services after childbirth, including medical consultations and any necessary treatments or follow-up procedures.
Health insurance is part of the medical package for a surrogate mother. The Surrogacy (Regulation) Bill, 2020 mandates that intended parents must ensure that the surrogate mother has adequate health insurance coverage. This insurance should cover all health-related expenses incurred during the pregnancy, delivery, and post-delivery recovery. The insurance should cover complications during the pregnancy, including any risk to the surrogate mother’s life or health, which may require urgent medical intervention or surgery.
The Surrogacy (Regulation) Bill, 2020, introduced in India, explicitly addresses the need to provide proper medical care and insurance to surrogate mothers. Some key aspects related to medical coverage under the Bill are:
The Bill ensures that surrogate mothers are compensated for medical expenses and insurance coverage throughout the surrogacy process. This compensation is not for the act of carrying the pregnancy, but strictly for covering medical expenses and ensuring the well-being of the surrogate. The surrogacy agreement must explicitly include the details of medical expenses and insurance coverage, which must be provided by the intended parents. This agreement serves as a legal guarantee of the surrogate mother’s right to medical treatment and support during her pregnancy.
One of the provisions of the Bill is that surrogate mothers must be fully informed and consent to the medical procedures, including the medical coverage they will receive. The surrogate must also be provided with information about the healthcare facilities, doctors, and insurance policies in place for her protection.
The Surrogacy Bill prohibits commercial surrogacy, which means that surrogate mothers are not allowed to receive any financial compensation beyond the reimbursement of medical expenses and insurance costs. This is done to prevent the exploitation of surrogate mothers for financial gain.
The Surrogacy (Regulation) Bill, 2020 and other related laws ensure that surrogate mothers’ health and safety are prioritized:
The Bill ensures that surrogate mothers are not exploited and that they are fairly compensated for their medical expenses. The focus is on ethical surrogacy where surrogate mothers are treated as partners in the surrogacy process rather than as commercial carriers.
It is mandatory for surrogacy clinics to provide appropriate medical care for the surrogate mother, both during the pregnancy and post-delivery. The clinic is legally responsible for providing a safe environment and medically sound procedures.
Psychological support is also crucial in ensuring the surrogate's well-being. Clinics are encouraged to provide mental health counseling and emotional support to the surrogate mother before, during, and after the pregnancy to prevent psychological stress and trauma.
After childbirth, the surrogate mother is entitled to medical care to recover physically and emotionally from the process. This includes physical recovery post-delivery and any medical follow-ups related to the pregnancy.
A surrogate mother is legally entitled to medical insurance that covers her health throughout the surrogacy journey. For example, if a woman agrees to carry a child for an intended couple, her medical expenses, including prenatal check-ups, delivery costs, and post-delivery care, will be covered by the intended parents. Additionally, if there are any complications during the pregnancy, such as preeclampsia or gestational diabetes, the insurance coverage would ensure that the surrogate receives proper medical attention without bearing the cost.
Yes, surrogate mothers in India are entitled to medical coverage and health insurance as per the provisions of the Surrogacy (Regulation) Bill, 2020. Intended parents are legally required to provide adequate health insurance and cover all medical expenses associated with the pregnancy, delivery, and post-delivery care. The aim of these legal safeguards is to ensure that surrogate mothers are not only physically protected but are also supported emotionally and financially throughout the surrogacy process, thus ensuring ethical surrogacy practices in India.
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