Surrogacy & The Affordable Care Act

When it comes to insurance and surrogacy, there have long been just two options for intended parents to consider- using the surrogate’s personal policy or purchasing a specialty policy through a third party insurer. However, the introduction of President Barack Obama’s “Affordable Care Act (ACA), colloquially known as “Obama-Care”, has opened up new options in the surrogacy world.  

Generally, the ACA can be used towards a surrogate pregnancy in most states. There are a few states that exclude using the ACA for this purpose, normally in the instance that the surrogate has a previous existing policy of her own. However, if her state of residence allows the use of the Affordable Care Act, this option can be of great value to you.

Purchasing an ACA plan represents a low cost option, often saving intended parents upwards of $20,000 off of a specialty policy. Plans generally have few, if any, exclusions and pricing will not change in the instance of a twin pregnancy. There will also be no cap in service or coverage. All clients can work with a surrogate using an ACA plan, regardless of being domestic or international clients.

If you choose to purchase an ACA policy, there will be an administrative fee assessed for Growing Generation’s management of this policy, as well as a nominal fee assessed by the third party provider for the pre-approval that was granted to your surrogate prior to obtaining this plan (as part of her screening process.) Your account will be kept open for 13 months following the birth of your child.

You should note that these plans can only be purchased during the annual open enrollment phase, which is currently November- February. This fact could alter the speed of your journey and should be planned for accordingly.

In general, your process will not change based upon what insurance your surrogate carries. You will still receive a request from finance to fund your account in an amount that will cover any applicable insurance costs.

If you have additional questions on the differences in using personal insurance vs. third party specialty insurance, don’t hesitate to talk with your case specialist or finance specialist. They are experienced with both situations and are happy to help you navigate this portion of your journey.

Dr. Kim Bergman

Kim Bergman, PhD, a licensed psychologist of 26 years, has specialized in the area of gay and lesbian parenting, parenting by choice and third party assisted reproduction for over two decades. Dr. Bergman has created a comprehensive psychological screening, support and monitoring process for Intended Parents, Surrogates and Donors. She is the co-owner of Fertility Counseling Services and Growing Generations and is a member of the American Society for Reproductive Medicine, the American Psychological Association, the Los Angeles County Psychological Association, the Lesbian and Gay Psychotherapy Association, and the Gay and Lesbian Medical Association. She is on the national Emeritus board of the Family Equality Council. Dr. Bergman writes, teaches and speaks extensively on parenting by choice. Along with co-authors, she published “Gay Men Who Become Fathers via Surrogacy: The Transition to Parenthood” (Journal of GLBT Family Studies, April 2010). Dr. Bergman’s is the author of the upcoming book, Your Future Family: The Essential Guide to Assisted Reproduction (Conari Press 2019). Dr. Bergman created her own family using third party assisted reproduction and she lives with her wife of 35 years. Her two daughters are in college.