Intended parents will offer to reimburse their Surrogate for the cost of obtaining or updating a Last Will and Testament as part of the legal and ethical safeguards in a surrogacy arrangement and is meant to protect the Surrogate's financial security and ensure the smooth continuation of the surrogacy process in case of unforeseen circumstances. Reimbursing the cost of a Last Will and Testament is a gesture aimed at ensuring that the Surrogate's wishes are legally documented and honored if she dies while the surrogacy arrangement is in place. Here’s why this is done:
Legal Protection and Clear Instructions: A Last Will and Testament is a legal document that ensures the Surrogate's personal wishes—regarding her estate, guardianship of children, and medical decisions—are followed if she passes away. It provides clarity on how her assets and responsibilities will be handled, which can prevent confusion or legal disputes in the event of her death.
Providing Security for the Surrogate: Surrogates are asked to undertake a significant physical and emotional responsibility. Offering to cover the cost of a will helps ensure that the Surrogate is fully prepared in case of unexpected circumstances. This act acknowledges that the Surrogate’s personal affairs should be in order and provides financial security for her loved ones.
Reducing Risk of Legal Disputes: By ensuring that the Surrogate has a valid will, the Intended Parents help prevent any future conflicts or legal battles over the Surrogate’s estate, guardianship, or parental rights. If the Surrogate passes away, having a will in place makes it clear who is responsible for her children and how her assets should be distributed, which can help avoid complications for all parties involved.