What is the law regarding insurance coverage for stepchildren?

UPDATED: Oct 1, 2022

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What is the law regarding insurance coverage for stepchildren?

My husband’s ex-wife has primary custody and was just married. He is covered under her new husband’s policy, however is telling us that they do not have to cover the son as he is a stepchild and not biological/ adopted. I cannot add him to my policy until next year but there is a question if I can add him as we only have him every other weekend.

Asked on August 27, 2018 under Family Law, Minnesota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The Step children should absoultely be permitted to be added to health insurance for coverage if the biological parent and step parent ar legally married.  How many weekends the child stays with you should really have no bearing.  Additionally, he should have been added to your policy upon marriage.  That is one of those "events" that over rides policy add/drop periods.  Talk to your HR department and get the facts from your husband's ex as well.  You need to read these policies.  Good luck.

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