ESI Regulations amended for maternity benefits under Surrogacy. Notice, Certificate, declaration etc. required by commissioning and insured mother
EMPLOYEES’ STATE INSURANCE CORPORATION
NOTIFICATION
New Delhi, the 20th March, 2020
No. N-12/13/1/2016-P&D:—Whereas draft Regulation further to amend the Employees’ State Insurance (General) Regulations, 1950 was published as required under sub-section (1) of Section 97 of the Employees’ State Insurance Act, 1948 (34 of 1948), in the Gazette of India (Extraordinary), Part-III –Section –4 vide Sr. No.52 dated the 24th January, 2020 for inviting objections and suggestions from all persons likely to be affected thereby till the expiry of the period of Thirty days from the date on which this notification was published, are made available to the public :—
And whereas, the said Gazette Notification were made available to the public on 11.02.2020; And no objections or suggestions were received from any of the persons likely to be affected;
Now, therefore, in exercise of the powers conferred by Section 97 of the Employees’ State Insurance Act, 1948 (34 of 1948), the Employees’ State Insurance Corporation, do hereby makes the following Regulations further to amend the Employees’ State Insurance (General) Regulations, 1950, namely :-
1. These Regulations may be called Employees’ State Insurance (General) (First) Amendment Regulations, 2020.
2. In the Employees’ State Insurance (General) Regulation, 1950, the following changes in Regulations and Regulation forms will be made.
(i) Insertion of Regulation 87A: Notice of Commissioning Mother
An Insured Woman who wishes to have a child and get embryo implanted in any other women shall give such notice in Form 17 amended to the appropriate branch office by post or otherwise and shall submit together with Agreement of embryo implantation executed between commissioning mother with the other woman.
(ii) Insertion of Regulation 88A: Declaration by Insured Women of her surviving child or children
Insured Women claiming maternity benefit before confinement or after confinement or miscarriage shall submit the declaration of her surviving child or children. In case Insured woman giving birth to more than one child such claim shall be treated a single claim, however, for the next confinement the number of surviving children should be counted as per the actual number of surviving children at the time of claiming maternity benefit.
(iii) Insertion of 89 C : Claim for Maternity Benefit by Commissioning Mother
Regulation 89 C Every Commissioning mother who as biological mother wishes to have a child and prefers to get embryo implanted in any other woman, claiming maternity benefit shall submit to the appropriate office by post or otherwise a claim for maternity benefit in Form 19 (Amended) together with copy of agreement on non-judicial stamp paper between commissioning mother and the other woman to whom embryo implantation is intended, copy of certificate issued by Assisted Reproductive Technology Clinic and copy of birth certificate issued by the authority under the Registration of Births & Deaths Act, 1969.
Provided further that if commissioning mother and the other woman both are Insured Women, the claim will be provided only to the commissioning mother. Claim against miscarriage will not be payable to the commissioning as well as to the other woman.
(iv) Insertion of 89 D Claim for Maternity Benefit by Adoptive Mother
Regulation 89 D Every Insured woman, who legally Adopts a child of upto 3 months of age, claiming maternity benefit shall submit to the appropriate office by post or otherwise a claim for maternity benefit in (Form 19 Amended) together with copy of the court order/Certificate from Registrar and birth certificate issued by the Authority under the Registration of Births & Deaths Act, 1969 incorporating the name of adoptive parents or single Insured woman who legally adopts a child and copy of the Adoption Order issued by the Competent Court.
In case of annulment of adoption approved by the court Insured Woman will refund maternity benefit received by her
(v) Regulation Revised Form no. 17 and Form no. 19 as notified vide No. N-11/13/2/2003 –P&D dated 01.10.2004 and published in the Gazette of India (Part-III Section-4) dated 23rd October, 2004, shall be substituted by revised forms as annexed to this notification of Draft Regulations.
3. They shall come into force on publication of final notification in the Gazette of India.
[ADVT.-III/4/Exty./31/2020-21]
A.K.SINHA,Insurance Commissioner
[FORM 17]
CERTIFICATE/NOTICE OF PREGNANCY MATERNITY BENEFIT
(Regulation 87& 87A)
EMPLOYEES’ STATE INSURANCE CORPORATION
FORM 19
CLAIM FOR MATERNITY BENEFIT AND NOTICE OF WORK
[Existing Regulations {88 (ii), 89& Regulation 91},
New Added Regulation {{88(iv), 89(C), and 89(D)}}
EMPLOYEES’ STATE INSURANCE CORPORATION
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