Are Health Complications for Surrogates Covered by Law?

Health complications during surrogacy can be a significant concern for surrogate mothers, as pregnancy and childbirth come with inherent risks. The Surrogacy (Regulation) Act, 2021 in India provides legal protections to safeguard the health and well-being of surrogate mothers. The law ensures that surrogate mothers are entitled to appropriate medical care, health insurance, and financial support if complications arise during the surrogacy process. Additionally, the law aims to prevent any form of exploitation by ensuring that intended parents and surrogacy clinics bear the costs of medical care and provide adequate healthcare throughout the pregnancy.

Legal Protections for Health Complications of Surrogate Mothers

Healthcare Expenses Covered by the Intended Parents

The Surrogacy (Regulation) Act, 2021 stipulates that all healthcare expenses related to the surrogacy process must be covered by the intended parents. This includes:

• Prenatal care, delivery expenses, and postnatal care.
• If any medical complications arise during the pregnancy, the intended parents are legally obligated to cover all medical costs and treatment for the surrogate mother.
• Surrogate mothers are also entitled to receive compensation for lost wages and medical treatment resulting from complications during the pregnancy.

Health Insurance Coverage

The Surrogacy (Regulation) Act, 2021 mandates that surrogate mothers are entitled to health insurance coverage during the surrogacy process. This includes:

• Insurance for pregnancy-related complications, such as gestational diabetes, high blood pressure, or complications during delivery.
• If the surrogate mother faces any health risks or emergencies during the pregnancy, the health insurance ensures that she has access to the necessary medical treatment without financial burden.

Surrogate Mother’s Right to Medical Care

The Surrogacy (Regulation) Act mandates that surrogate mothers have the right to receive appropriate medical care throughout the surrogacy process. This includes:

• Regular medical check-ups to monitor both the health of the surrogate and the developing fetus.
• If any complications arise, the surrogate mother must be provided with immediate medical attention and appropriate treatment.
• Surrogacy clinics are required to ensure the health of the surrogate mother is prioritized, with access to qualified medical professionals and proper medical facilities.

Surrogacy Agreement and Health Protections

The surrogacy agreement, which is a legally binding document, outlines the healthcare responsibilities of the intended parents and the surrogate mother. It is crucial in protecting the surrogate mother’s health:

• The agreement should specify the medical expenses that will be covered by the intended parents in case of complications.
• It should also detail the healthcare rights of the surrogate mother, ensuring she has access to proper care in case of any complications during the pregnancy or childbirth.

Legal Safeguards for Exploitation and Coercion

The law is designed to prevent the exploitation of surrogate mothers, particularly in cases where complications may arise. Under the Surrogacy (Regulation) Act, the following safeguards exist:

• No commercial surrogacy: Commercial surrogacy, where women might be coerced into surrogacy arrangements for monetary reasons, is prohibited. This helps ensure that surrogate mothers are not pushed into arrangements that could jeopardize their health.
• Surrogate mothers are given the right to withdraw from the agreement at any point before embryo implantation or if they face significant health risks during the pregnancy. This ensures that women are not forced into risky situations.

Emotional and Psychological Support

In addition to physical health care, surrogate mothers are also entitled to psychological counseling and emotional support throughout the surrogacy process. This includes:

• Support to help manage the emotional toll of carrying a child for someone else and the eventual separation from the child after birth.
• Counseling services are essential, especially in cases where health complications or emotional distress arise due to the surrogacy process.

No Liability for Medical Complications Due to Natural Causes

The law also ensures that surrogate mothers are not held financially liable for medical complications that occur due to natural causes or unforeseen medical events:

• For example, if a surrogate mother faces complications like gestational hypertension or pre-eclampsia, she cannot be held liable for the costs or risks associated with these conditions. The intended parents are responsible for covering the costs of treatment and any required hospitalizations.

Compensation for Health Complications

In case of serious health complications or permanent damage arising from surrogacy, such as long-term health issues, the intended parents may be required to provide additional compensation to the surrogate mother, as outlined in the surrogacy agreement. This is particularly important to protect surrogate mothers from the financial burden of long-term health care or rehabilitation if complications arise during the surrogacy process.

Example

Suman, a surrogate mother in Mumbai, becomes pregnant through an altruistic surrogacy arrangement. During her second trimester, she develops gestational diabetes, which requires immediate medical intervention. As per the surrogacy agreement, the intended parents cover all medical expenses related to her condition, including medication, doctor visits, and any necessary hospitalization. Additionally, Suman is covered by health insurance that ensures her medical costs related to the complication are fully paid. The intended parents also provide her with emotional support and counseling services to help her manage the emotional impact of the situation. Suman’s health and safety are prioritized throughout the surrogacy process.

Summary

Under the Surrogacy (Regulation) Act, 2021, surrogate mothers are provided with robust legal protections regarding health complications during the surrogacy process. These protections include comprehensive healthcare coverage, insurance for medical risks, and compensation for any medical costs incurred due to complications during pregnancy. The intended parents are responsible for covering the cost of medical care and healthcare expenses, ensuring that the surrogate mother receives appropriate treatment for any health issues that arise. Furthermore, surrogate mothers are protected from exploitation and coercion and have the right to withdraw from the arrangement if their health or well-being is at risk. The law ensures that surrogate mothers are given the necessary medical care, emotional support, and financial safeguards to protect their health throughout the surrogacy journey.