Surrogacy is a life-changing journey—for intended parents, for the surrogate, and often for everyone involved in between. But one of the most complex and commonly misunderstood parts of this journey in the U.S. is health insurance and medical coverage. Who pays for what? What’s covered? Can regular health insurance even include surrogacy?
Let’s get straight to it.
Surrogate medical coverage refers to the health insurance and other medical-related benefits that cover the surrogate mother during the entire process of surrogacy. This includes pre-pregnancy screening, prenatal care, delivery, and postpartum recovery. The goal is to ensure that the surrogate receives full and uninterrupted medical care—without financial risk to her or confusion for the intended parents.
There is no one-size-fits-all policy here. Each surrogacy arrangement may require different coverage strategies depending on state laws, insurance carriers, and individual health plans.
What Does Surrogate Medical Coverage Typically Include?
Generally speaking, surrogate medical coverage should handle the following:
Some policies might exclude fertility treatments or even entirely exclude surrogacy-related pregnancies. This is where things get tricky—and where smart planning comes into play.
Sometimes yes, often no.
Many traditional health insurance plans explicitly exclude surrogacy-related pregnancies. Even if it looks like the plan covers pregnancy and delivery, a surrogacy exclusion clause could mean the insurer denies all claims once they find out it’s a surrogacy.
Before proceeding, a surrogacy-savvy attorney or agency should thoroughly review the surrogate’s policy to see if there are any red flags. If there’s any doubt, it’s safer to purchase a separate surrogacy-friendly insurance plan.
Always the intended parents. The surrogate should never pay out of pocket for medical bills related to the pregnancy. In the U.S., intended parents are financially responsible for:
This cost is typically factored into the surrogacy contract from the beginning.
Some states or insurance carriers simply won’t offer policies that cover surrogacy. In these cases, families can look into specialty insurance providers that offer surrogacy-specific coverage. These are often more expensive but can save tens of thousands in unexpected medical bills.
Another common solution: maternity-only policies or ACA exchange plans (through the Health Insurance Marketplace), which are sometimes open during special enrollment periods related to surrogacy needs.
You can find more information about marketplace plans on
https://www.healthcare.gov
A medical emergency during pregnancy or delivery—whether for the surrogate or the baby—can generate astronomical costs. That's why it's crucial that the surrogate has full, active, and verifiable health coverage from day one of medical prep all the way through postpartum care.
In most reputable agencies, there are protocols in place to handle medical emergencies, including backup insurance options and risk mitigation funds. But if you’re going the independent route, don’t skip this step. A single ambulance ride or NICU stay can bankrupt a family without proper coverage.
More guidance on what to do in medical emergencies and available federal resources can be found at https://www.usa.gov
Generally, no. Medicaid is a need-based program, and it is illegal and unethical for intended parents to have a surrogate enroll in Medicaid for a surrogacy pregnancy. This is considered fraud. Even if the surrogate qualifies on her own, if she's being compensated for surrogacy, Medicaid is not a legal option for covering those medical costs.
Official details about Medicaid eligibility are outlined here: https://www.medicaid.gov
Every surrogacy arrangement should include a detailed contract drafted by a reproductive law attorney. This agreement will outline exactly:
A well-written contract protects both the surrogate and the intended parents from financial surprises. It's not just good practice—it's absolutely necessary.
For general legal rights and healthcare policy reference, check https://www.hhs.gov
Navigating surrogate medical insurance in the U.S. can feel overwhelming—but it doesn’t have to be. With the right agency, legal counsel, and insurance strategy, both surrogates and intended parents can move forward with clarity and peace of mind.
Key takeaways:
The goal is to support the surrogate’s health, protect the baby, and safeguard the financial wellbeing of everyone involved. With proper planning, that’s 100% doable.