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Writer's pictureRalph M. Tsong

What you need to know about surrogacy and Open Enrollment


open enrollment

The Affordable Care Act (ACA) is a federal law that provides health insurance coverage to millions of Americans. Open enrollment is the period during which individuals can enroll in or change their health insurance plans. It is important for surrogacy journeys because it allows surrogates to choose insurance policies that cover surrogacy. 


Under the ACA, any U.S. citizen or permanent resident can apply for major medical insurance as long as they do so during open enrollment, and premiums are the same no matter what pre-existing conditions they have. Surrogates, even if pregnant from their surrogacy, can sign up for this kind of insurance during their state’s open enrollment period. If you learn that your health insurance or maternity coverage does not include a surrogate pregnancy, look for an Affordable Care Act (ACA) plan on the marketplace during open enrollment. 


ACA open enrollment is a crucial period during surrogacy journeys because it provides surrogates and intended parents the opportunity to choose a plan that will cover a surrogate pregnancy, and this may only be available during open enrollment. It's important to begin research as soon as possible to determine if the surrogate's current plan is surrogacy-friendly and if the ACA plan alternatives are friendly or friendlier. As we discussed in another article, some plans have liens that should be avoided, as they will raise the cost of the surrogacy journey. 


Depending on your county of residence, the ACA marketplace may not provide any surrogate-friendly plans. However, there are still some options available. For example, Lloyd's of London is a company that provides insurance coverage for surrogacy pregnancy. 


The following a chart of the state deadlines for open enrollment. 

States

Federal Open Enrollment Period for 2025 Plans

Alabama

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Alaska

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Arizona

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Arkansas

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Delaware

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Florida

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Georgia

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Hawaii

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Illinois

November 1, 2024 – January 15, 2025

Indiana

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Iowa

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Kansas

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Louisiana

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Michigan

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Mississippi

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Missouri

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Montana

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Nebraska

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

New Hampshire

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

North Carolina

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

North Dakota

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Ohio

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Oklahoma

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Oregon

November 1, 2024 – January 15, 2025

South Carolina

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

South Dakota

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Tennessee

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Texas

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Utah

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Virginia

November 1, 2024 – January 15, 2025

West Virginia

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Wisconsin

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Wyoming

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)


State

State Open Enrollment Period for 2025 Plans

California

November 1, 2024 – January 31, 2025

Colorado

November 1, 2024 – January 15, 2025

Connecticut

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Idaho

October 15, 2024 – December 15, 2024

Kentucky

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Maine

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Maryland

November 1, 2024 – December 31, 2024 (Coverage starts on January 1) January 1, 2025 - January 15, 2025 (Coverage starts on February 1)

Massachusetts

November 1, 2024 – January 23, 2025

Minnesota

November 1, 2024 – December 18, 2024 (Coverage starts on January 1) December 19, 2024 - January 15, 2025 (Coverage starts on February 1)

Nevada

November 1, 2024 – January 15, 2025

New Jersey

November 1, 2024 – January 31, 2025

New Mexico

November 1, 2024 – January 15, 2025

New York

November 1,6 2024 – January 31, 2025

Pennsylvania

November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1)

Rhode Island

November 1, 2024 – December 31, 2024 (Coverage starts on January 1) January 1, 2025 - January 15, 2025 (Coverage starts on February 1)

Vermont

November 1, 2024 – January 15, 2025

Washington DC

November 1, 2024 – January 31, 2025

Washington

November 1, 2024 – January 15, 2025


Conclusion


In conclusion, Affordable Care Act open enrollment is important in many surrogacy journeys because it allows parties to find insurance policies for surrogates that cover their pregnancy and contain no surrogacy exclusions or liens. If you are a surrogate or intended parent, make sure the surrogate's insurance coverage has been reviewed by a professional and sign up for major medical insurance during open enrollment to ensure she is covered for a surrogacy pregnancy if her insurance does not cover surrogacy


If you are committed to ensuring that your surrogacy journey aligns seamlessly with legal, financial, and healthcare aspects, don't hesitate to reach out to us. Our expert team, licensed in CA, NY, IL, WA, AZ, OK, is ready to provide the legal guidance and support you need. Contact us now.

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© 2024 by Tsong Law Group, A.P.C. All rights reserved.

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