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Cuomo reminds surrogates & parents of their new insurance rights, protections during gestational surrogacy

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Wed, Feb 3rd 2021 01:35 pm

√ 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 & a major priority for New York's Council on Women & Girls

Gov. Andrew Cuomo on Wednesday reminded New Yorkers about new insurance protections and rights for surrogates and parents that will take effect on Feb. 15. These new insurance protections and rights were part of the governor's fiscal year 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," 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."

Superintendent of Financial Services Linda A. Lacewell 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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