- 28-Aug-2025
- Cyber and Technology Law
Health insurance for children is becoming increasingly important, especially in the context of child support and custody disputes. Medical costs can be significant, and ensuring that a child has access to proper healthcare is a key component of child welfare. In India, courts may order a parent to provide health insurance for the child as part of the child maintenance arrangement, especially if one parent has the means to do so. The question of whether health insurance should be provided, and how its costs are divided, depends on various factors including financial capacity, the needs of the child, and the parenting arrangement.
Under Section 125 of the CrPC, courts have the authority to order maintenance for a child, which may include not only basic needs (such as food, clothing, and shelter) but also medical needs. While the section does not explicitly mention health insurance, the best interests of the child and healthcare needs are implicit in any child support determination. In cases where a child has ongoing medical needs or the parents have the financial capacity, a court may require the non-custodial parent to provide health insurance coverage as part of the child’s maintenance.
Under Section 20 of the Hindu Adoptions and Maintenance Act, the parent’s duty to maintain a child includes providing for the child’s basic needs and ensuring the child’s well-being. This can extend to healthcare needs, and courts can include medical insurance as part of this obligation. Courts are likely to order a parent to provide health insurance, especially if it is deemed to be necessary for the child's continued well-being.
Family courts have the discretion to include health insurance in child support orders, depending on the circumstances. These courts prioritize the welfare of the child and often assess whether medical care is being adequately provided. If one parent is better equipped financially, they may be ordered to provide health insurance for the child.
If the child has specific medical needs (e.g., chronic illnesses, regular treatments, or pre-existing conditions), the court may consider it necessary for the child to be covered by health insurance. The regularity of medical expenses will often determine whether health insurance should be included in the child support agreement. The court may order the custodial or non-custodial parent to provide insurance to ensure consistent medical care for the child.
Courts consider the financial situation of both parents when deciding who will bear the cost of health insurance. If one parent has more financial resources, they may be required to cover the premium or the total cost of the child’s health insurance. However, the court will often take into account the shared responsibility for the child’s health, particularly if both parents have some capacity to contribute to the premiums.
If one parent already has health insurance coverage for the child, the court may not require additional insurance coverage from the other parent, unless the existing coverage is deemed inadequate. However, in cases where both parents are financially able, the court may order a shared responsibility for health insurance premiums or medical expenses.
The standard of living the child was accustomed to before the separation is often a guiding principle for determining child support. If the child had private health insurance or had been covered under the parents’ group health insurance, the court may require the non-custodial parent to continue providing similar coverage to ensure the child’s well-being.
As with all aspects of child support, the court’s primary concern is the best interests of the child. Ensuring that the child has access to appropriate medical care and health coverage is seen as an essential part of maintaining the child’s welfare.
In many cases, both parents are expected to share the cost of health insurance. Courts may divide the costs based on each parent’s financial capacity. For example, if one parent is earning significantly more, they may be required to bear a larger portion of the insurance premium. Alternatively, if both parents share custody, they may equally divide the cost of the insurance.
In cases where the non-custodial parent is ordered to provide health insurance, they may be required to cover the full premium or a portion of the premium, depending on their income and financial capacity. This is typically seen in cases where the non-custodial parent has the financial means to contribute to the child’s medical needs.
Apart from health insurance premiums, there are also out-of-pocket medical expenses that may not be fully covered by insurance, such as co-payments, deductibles, or non-covered treatments. Courts may order the parents to split these additional expenses based on their financial situations. In certain cases, the court may order that one parent bear the full burden if they are in a better position financially.
Let’s say Neha and Amit are divorced, and Neha has custody of their 10-year-old son, Aryan. Amit, the non-custodial parent, has an income of ₹80,000 per month, while Neha earns ₹40,000 per month.
Aryan’s Medical Needs: Aryan has asthma, and his condition requires regular visits to a pediatric pulmonologist and medication that costs ₹5,000 monthly.
Health Insurance Coverage: Neha requests that Amit contribute toward health insurance premiums for Aryan, estimating that the monthly premium would be ₹2,000.
In this case, the court might order Amit, as the non-custodial parent, to pay for Aryan’s health insurance premium due to his higher income and the importance of health insurance in managing Aryan’s medical condition. The court may also order both parents to share the cost of out-of-pocket medical expenses, such as the asthma medication and doctor’s fees, based on their income.
Yes, a parent can be required to provide health insurance for the child in child support or maintenance proceedings. Courts in India consider the best interests of the child and the financial capacity of both parents when deciding whether health insurance should be included in child support obligations. The costs of health insurance may be divided between the parents based on their financial situations, and in cases where one parent has the financial capacity, they may be ordered to bear the entire cost. Providing health insurance ensures that the child’s medical needs are adequately met, and this is seen as an essential part of maintaining the child’s well-being post-separation.
Answer By Law4u Team
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