Covering medicals costs is often one of the most daunting aspects of a surrogacy arrangement. Before entering into a contract with a Surrogate, Intended Parents should resolve any issues related to insurance coverage or costs for the medical expenses related to delivery (covering the Surrogate - not the infant(s)). In the best scenario, a Surrogate's insurance covers all prenatal care and medical costs up to and through the delivery, and the Intended Parents' (IPs) insurance policy covers everything post birth. Any court orders will be provided to the IPs and it is the IPs responsibility to provide all documentation to their insurance carrier for coverage to be extended to the infants after delivery. If the Surrogate's insurance does not cover her medical costs, IPs have two options:

  1. The first option is to purchase an insurance policy for the Surrogate through one of the companies which provide surrogacy insurance:
    1. Brown and Brown
      Brown and Brown:

    2. Lloyd's of London/*New Life
      Surrogate insurance policy which can be purchased through New Life Agency (See more information below) There are pros and cons to each of these policies, so it is important to research which is best for your arrangement.
      You may also contact an insurance broker for more information, such as the following:
      *The Resource Group
      Other insurance companies have individual policies that do not contain exclusions for surrogacy. However, most have a significant waiting period for pregnancy related to surrogacy (12-24 months). If these time restrictions are not a hindrance to your surrogacy contact a local insurance provider who handles surrogacy policies such as Michael Godfrey BRUNSON & COMPANY, INC.317-575-0841
      We will not advise clients (either IPs or Surrogates) to withhold information from an insurance company that could in anyway lead to a potential claim for insurance fraud. Additionally, the referral information above is not an endorsement of the quality of the services provided and JHDJ Law is not promoting any of the companies. The information is provided for your convenience only and is not intended to be solicitation for business.

  2. Another option to deal with the medical expenses for your surrogate is to arrange direct payment to hospital prior to the birth of the child For this option, IPs must contact the hospital in advance and negotiate costs prior to birth. Costs will vary depending upon the hospital and services provided, but current research suggests expenses will range from $10,000-$15,000 for a natural birth with no complications, and between $15,000-$20,000 for a Caesarian birth without complications. Obviously, any complications that occur with the delivery will significantly increase costs and cannot be anticipated.

The IPs are ultimately responsible for any medical bills that are not paid by the Surrogate's insurance, in addition to any co-pays, deductibles, or other unpaid expenses related to the surrogacy or complications thereof. Furthermore, it is also the responsibility of the IPs to pay for any unpaid medical expenses should any surrogacy-related claims be denied by the insurance carrier. Our surrogacy fees do not include review of any proposed policy nor any attempts to resolve any insurance claims. As part of our consultation process,we will briefly discuss risks and responsibilities for IPs related to insurance issues and provide additional details on referrals as needed. Our surrogacy services are restricted to preparation and negotiation of contracts, arrangements, and the legal process for establishing parentage via the paternity and maternity process in Indiana.

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