The Affordable Care Act and Gestational Surrogacy – Will it Have an Impact?


With the Affordable Care Act now in full effect, many United States citizens are learning firsthand how this new law will impact them; however, because of how new the Affordable Care Act still is, many individuals are still figuring out how the act will affect them personally. This sentiment rings especially true in special situations that tend to be a little less cut and dry, such as gestational surrogacy. Boiled down to its simplest terms, the Affordable Care Act means millions of Americans will now have greater access to affordable insurance, but what does this mean for intended parents looking to create a family through surrogacy as well as the surrogates themselves?

On the surface, many have interpreted that all women will now be covered under insurance, in turn, leading to more insured surrogates free of policy exclusions. While this is a best case scenario, the Act remains unclear where surrogacy is concerned and as such, rumors abound. Although Maternity and Newborn Care is one of the 10 broad categories listed as having access to Essential Health Benefits, it is unfortunately a huge stretch to assume that surrogacy coverage will be automatically included. In many situations, the Affordable Care Act is leaving much of the details surrounding what is and is not considered essential coverage up to each individual state; currently, only 15 states consider assisted reproduction services, such as surrogacy, essential enough to mandate coverage.

Until Essential Benefits are clearly defined in regards to surrogacy, making assumptions or taking anything regarding medical coverage and surrogacy at face value are huge risks that are to be avoided. While medical underwriters revisit insurance policies and exclusion clauses like never before, the Affordable Care Act will continue to be an evolutionary process until all the kinks are ironed out and surrogacy pregnancy and delivery policies are clearly and openly stated.

Breaking down the Affordable Care Act to understand what will or won’t be covered during your medical journey through surrogacy can seem extremely overwhelming at first. The best way to make sure you know exactly what will be covered and what you will be responsible for paying is to work closely with your surrogacy agency. If you are not yet working with an experienced surrogacy attorney, your agency can help you find one to ensure all questions are answered so you can focus on what is really important – peace of mind throughout your exciting new journey! For specific information on gestational surrogacy in your state, please contact us at Surrogate Solutions today!

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