The journey to parenthood through surrogacy is a profound and life-changing experience. While many intended parents focus on the joy of welcoming their child, it is equally important to address legal and financial matters to safeguard your family’s future. One critical step is creating a Will for Intended Parents with Surrogacy Agreement.
Why a Will is Essential
A will ensures that your wishes for your child’s care and inheritance are honored if the unexpected happens. Without a will, the distribution of your assets and the guardianship of your child may be determined by state law, which may not align with your preferences.
For intended parents who have relied on surrogacy, additional complexities may arise due to the legal relationships involved in the surrogacy agreement, including the rights of the surrogate and intended parents. A well-drafted will can address these nuances and provide clarity for all parties involved.
Importantly, under FCA § 581-403(i)(2)(v), intended parents are required to execute a Will as part of the legal framework governing surrogacy agreements.
Key Considerations When Drafting a Will for Intended Parents
- Establish Legal Parentage Ensure that you have completed all necessary legal steps to establish parentage, such as obtaining a pre- or post-birth order, depending on your state’s laws. This establishes your rights as the legal parents and impacts how your will can protect your child.
- Name a Guardian Select a trusted individual to serve as the guardian of your child in the event of your death. This person will assume responsibility for raising your child, so it is crucial to choose someone who shares your values and is capable of providing a stable, loving environment.
- Designate a Trustee If your child is a minor, you may want to create a trust to manage their inheritance. Appointing a trustee—who may or may not be the same person as the guardian—ensures that funds are managed responsibly until your child reaches adulthood.
- Address Surrogacy-Related Matters Clearly state that your child was born via surrogacy and affirm your intent as their legal parent(s). This can prevent misunderstandings or disputes over your child’s parentage.
- Provide for Multiple Children If you are planning to expand your family through surrogacy or have frozen embryos, include provisions to address future children. This ensures all your children are treated equitably under the will.
- Account for International Surrogacy If your surrogacy agreement involves another country, work with an attorney experienced in international surrogacy and estate planning to address any cross-border legal issues.
Working with an Experienced Attorney
Drafting a will for intended parents with surrogacy agreements requires specialized knowledge of family and estate law. An attorney can ensure that your will complies with state laws, accurately reflects your wishes, and accounts for the unique aspects of surrogacy.
Regular Updates to a Will for Intended Parents
As your family grows or your circumstances change, revisit your Will to ensure it remains up-to-date. Major life events—such as the birth of additional children, a change in guardianship preferences, or financial shifts—may necessitate updates.
Conclusion
Creating a Will for Intended Parents is an essential step for intended parents who have welcomed or plan to welcome children through surrogacy. By addressing the unique considerations of surrogacy agreements, you can ensure your child’s future is secure and your family’s wishes are respected. Reach out to an experienced estate planning attorney to guide you through the process and provide peace of mind as you embark on this exciting journey of parenthood.
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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