Legal Question in Insurance Law in California

Disability Insurance for Adoptive Parents

I would like to know if California law has any provision requiring insurance firms that provide short-term disability coverage (reduced wage payments) to pregnant women who've given birth to provide that same coverage to adoptive mothers. It would seem in some way that it would be discriminatory against adoptive mothers if this were not the case, but I can't find anything that shows if disability is given to one, it must be given to both. Thanks.


Asked on 9/12/02, 11:41 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: Disability Insurance for Adoptive Parents

I doubt if there is any disability insurance law because disability insurance is based on a medical condition. There is no medical condition involved in an adoption, and the period of time during which the pregnant mother "recuperates" is medically grounded. That you as an adoptive mother have to stay home and nurture the infant is a child care issue, not a medical issue.

To he extent that child care is the basis of the disability statute, there could be an equal protection claim that post-birth mothers and adoptive mothers are not treated the same.

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Answered on 9/17/02, 7:57 pm


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