A Surrogate Mother’s Personal Health Insurance Policy Cannot Cover Newborns

The California Family Code requires a disclosure of the manner in which the Intended Parents in a Surrogacy Arrangement shall be responsible for the medical expenses of a child born pursuant to a surrogacy arrangement (the “Child”), and the Surrogacy Agreement disclose this requirement.

Why Is This Important?

This statute affects insurance policy coverage for Surrogates. Specifically, the insurance policy of the Surrogate cannot cover the medical expenses of the newborn Child after birth.

A common assumption for the participants in a gestational surrogacy arrangement is that the Surrogate’s medical insurance policy may be used to cover post-partum medical expenses of the Child. Any provision in a Surrogacy Agreement that requires the Child to be placed on the Surrogate’s medical insurance policy, even for a short duration, is inadvisable for several reasons.

As of January 2015, CA Family Code 7692 specifically provides that Intended Parents bear the sole legal and financial responsibility of the Child. Therefore, any provision in a surrogacy agreement to the contrary would contradict this statute. This practice may also constitute insurance fraud, legally exposing the Surrogate, Intended Parents, the attorneys involved to potential criminal and civil prosecution.

Do you have questions about Newborn Medical Coverage?

Masler Surrogacy Law can help.