Yesterday, in a landmark ruling, the Supreme Court upheld the Affordable Healthcare Act, more commonly known as Obamacare. While this means that millions of Americans will now have access to insurance, what does this mean to individuals and couples looking to create a family through surrogacy? More specifically, what does it mean for the surrogates who are willing to carry children for those individuals and couples?
On the surface, it may mean that all women will now be covered and maybe that, in turn, will mean more insured surrogates without surrogacy exclusions. It may also mean that, as a result of requiring coverage for everyone, that the relatively new section of Obamacare requiring all children born in the United States to be covered will now force insurance companies to remove their 15 to 60 day windows in most states before providing newborn coverage. The state where the surrogate resides may also be important in making such a determination. Some states like Massachusetts already have insurance companies that provide coverage for newborns as well as surrogates. This is a huge benefit for couples and singles seeking to create a family through surrogacy.
One possible drawback to the new Supreme Court sanctioned law is that it will have insurance companies more nervous which could prompt them to look for ways around their new obligations, meaning more exclusions. So, while the new law may lead to more people being covered by insurance, complete insurance policies, and not booklets or brochures, will need to be reviewed by lawyers experienced in reviewing insurance policies before they can be used for maternity or newborn coverage.