While a family building journey brings much excitement, it’s also important to address the difficult but necessary subject of estate planning. Estate planning documents can prevent the additional stress and disorientation should tragedy afflict the intended parents or the gestational surrogate.
It is highly recommended that the intended parents establish or amend their existing estate planning documents to reflect the child that the gestational surrogate is gestating. This should involve designating a guardian for the child, unequivocally stating the child’s legal parentage, and establishing financial support for the child in the event of the intended parents’ death. Additionally, if the intended parens have stored cryopreserved embryos or other genetic material, their disposition should be addressed in the estate planning documents (absent a separate disposition agreement).
The gestational surrogate should also establish or amend her existing estate planning documents to reflect the child. This typically involves stating that the child is not biologically related to her and does not inherit from her, and designating the intended parents as guardians of the child in the event of her death. It’s also important for the gestational surrogate to execute a document (such as a power of attorney) expressing her desires regarding life support and selecting a designee to carry out her wishes should she become incapacitated during the pregnancy.