Most people consider health insurance companies to be greedy and eager to look for ways to deny coverage to insureds.  But there is one “refusal to pay” restriction in policies which is becoming far more widespread of late and for which – hard as it may seem for a surrogacy lawyer to write – I find significant justification: The surrogacy exclusion.

A surrogate (gestational carrier) is under contract to deliver a baby that is not genetically hers to someone else (intended parent(s)) and is paid for her time, effort and risk in being pregnant.  She does not wish to take physical custody and raise the baby post-delivery and, indeed, is legally prohibited from doing so.  Her insurance company is right not to underwrite her prenatal care and delivery expenses in such a situation, regardless of the fact that this trend towards virtually uniform exclusions in policies makes surrogacy even more of a financial burden for so many people.