The Insurance Regulatory and Development Authority of India (IRDAI) has issued a circular (Ref: IRDAI/LIFE/CIR/PRO/ 138/6/2023) instructing all life insurers to adhere to the provisions of the Surrogacy Act, 2021, and the ART Act, 2021, along with the relevant rules. The circular highlights the definition of “insurance” under both acts and emphasizes the importance of offering suitable insurance products that cover medical expenses and specified loss or damage related to surrogacy and oocyte retrieval.
The circular references specific sections of the Surrogacy Act, 2021, and the ART Act, 2021, which define insurance arrangements in the context of surrogate mothers and oocyte donors. Life insurers are directed to comply with these acts and rules and ensure the availability of appropriate insurance products that guarantee compensation for medical expenses, health issues, loss, damage, complications, or death related to surrogacy and oocyte retrieval.
INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA
Circular Ref: IRDAI/LIFE/CIR/PRO/ 138/6/2023 | 26.06.2023
To
All Life Insurers
Re: Surrogacy Act, 2021 and ART Act, 2021 and the relevant Rules thereunder
1. Reference is drawn to the circular Ref: IRDAI/ HLT/CIR/ PRO/01/05/2023 dated: 10.05.2023 wherein insurers were requested to comply with certain provisions of the said Acts and the relevant Rules thereunder.
2. Further, Reference is drawn to the following provisions of the above Acts/ Rules:
(i) Section 2 (1) (q) of Surrogacy Act 2021 states as under
“insurance” means an arrangement by which a company, individual or intending couple undertake to provide a guarantee of compensation for medical expenses, health issues, specified loss, damage, illness or death of surrogate mother and such other prescribed expenses incurred on such surrogate mother during the process of surrogacy;
(ii) Section 22 (4) (ii) of ART Act 2021 states as under
“insurance” means an arrangement by which a company, individual or commissioning couple undertake to provide a guarantee of compensation for specified loss, damage, complication or death of oocyte donor during the process of oocyte retrieval; and
3. All Life insurers are hereby directed to comply with the said Acts / Rules with immediate effect and ensure that suitable products are made available.
J Meena Kumari
Executive Director (Life)
