February 3, 2021
Albany, NY

Governor Cuomo Reminds Surrogates and Parents of Their New Insurance Rights and Protections During Gestational Surrogacy

TOP Governor Cuomo Reminds Surrogates and Parents...

Surrogates Have a Right to Obtain Health and Life Insurance Paid For by Parents 

 

Parents Protected from Potential Financial Loss Incurred During Gestational Surrogacy 

 

New York State Department of Financial Services Issues Guidance Letter Reminding Insurers They Must Provide Maternity Care Benefits for Surrogates  

 

Legalizing Gestational Surrogacy was Part of Governor's FY 2021 Enacted Budget and a Major Priority for New York's Council on Women & Girls 

WYSIWYG

Governor Andrew M. Cuomo today reminded New Yorkers about new insurance protections and rights for surrogates and parents that will take effect on February 15, 2021. These new insurance protections and rights were part of the Governor's FY 2021 Enacted Budget that legalized gestational surrogacy in New York.  

 

"When we passed legislation lifting the antiquated ban on gestational surrogacy we included the nation's strongest protections for both surrogate mothers and parents alike," Governor Cuomo said. "I remind and encourage all New Yorkers to review these new insurance protections and rights as they go through this process."   

 

The new insurance protections and rights enacted under the Governor's FY 2021 Budget include: 

  • Life insurance for surrogates: Surrogates now have the right to life insurance coverage obtained and paid for by the parents; 
  • Health insurance for surrogates: Surrogates now have the right to comprehensive health insurance that is paid for by the parents and must cover maternity care benefits and preventive care and screenings relating to pregnancy; and 
  • Insurance for Parents: Parents can now purchase insurance that covers their financial losses if the surrogate fails to perform under the surrogacy contract, and also may purchase donor medical expense insurance.  

 

Melissa DeRosa, Secretary to the Governor and Chair of the New York State Council on Women and Girls, said, "This administration has made it a priority to fight for and secure reproductive health rights for all New Yorkers. As this law takes effect, we remind surrogates and parents to know their rights for peace of mind during the family planning process."  


Linda A. Lacewell, Superintendent of Financial Services, said, "New York continues to take nation-leading actions to protect all New York families and we remind New York parents and surrogates of their new insurance protections and rights. These are commonsense protections that establish safeguards and set insurance standards for a smooth surrogacy process for all parties."  

 

For a copy of the circular letter to insurers, go to the DFS website.

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