Surrogacy and Wills
The law relating to surrogate parenting of children has been developing over the years. Today surrogacy usually takes place under a formal arrangement, with the intended parents paying the surrogate mother’s expenses.
One important part of the process that is often overlooked is the need for all the adults involved to update their Wills. When planning the creation of a new life it is hard to plan for someone’s death but as responsible people you should ensure that all eventualities are covered.
The surrogacy process involves a period of time where the newborn child is legally regarded as belonging to the surrogate mother. This can continue for a number of months. If something should happen to her (or possibly to her partner) during that period the legal implications could be complicated. Likewise, the intended parents need to consider the consequences of something happening to them during this period – as well as the normal provisions made with a Will for when the child is legally their full responsibility.
We have experience of creating Wills in these situations and can help you to make the right decisions.