Intended parents should put Wills into place before a surrogacy journey for several important reasons related to legal, financial, and personal considerations. Here are the key reasons:
1. Ensuring Parental Rights and Custody
A Will helps Intended Parents establish legal clarity regarding their rights as parents. In the event of an unexpected tragedy during the surrogacy process (e.g., if the Intended Parent(s) die or become incapacitated), the will can explicitly state their wishes about guardianship and custody of the child. This ensures that, if something were to happen, the Intended Parents’ legal and custodial rights are recognized, and the child will be cared for by their chosen guardians.
2. Clarifying Inheritance and Financial Plans
A Will allows Intended Parents to designate how their assets will be distributed in case of death. This is particularly important if the Intended Parents want to make sure the child (once born) inherits specific assets or that certain funds are available for the child’s care and upbringing. A clear financial plan provides peace of mind that the child will be provided for, even if the Intended Parents are no longer alive to care for them.
3. Providing Clarity in Case of Tragedy During the Pregnancy
While surrogacy is generally safe, there are always risks, and it's important for Intended Parents to plan for the unexpected. In the event that the Surrogate experiences complications or the Intended Parent(s) die during the pregnancy, the Will can outline the Intended Parents' wishes regarding their child’s future. This includes decisions such as who will have custody of the child and what financial provisions are to be made.
4. Clarifying Medical and Legal Decisions
A Will can specify any medical or legal preferences regarding the care of the Surrogate and the child, especially in the event of complications. Intended parents may want to clarify who will make medical decisions or handle legal matters for the unborn child should they be unable to do so themselves. A will ensures that these decisions align with the parents’ values and intentions.
5. Establishing Guardianship in Case of Tragedy
If both Intended Parents were to die during or after the pregnancy, the Will can name guardians for their child, helping ensure the child is cared for by people they trust. This is particularly important in surrogacy arrangements, where there may be complications in determining guardianship if no formal plan is in place. The will can provide a legal document stating the Intended Parents’ choices for guardianship, which helps avoid potential conflicts or disputes.
6. Avoiding Legal Disputes
Surrogacy arrangements can sometimes lead to complex legal situations, especially if there are concerns about parental rights or disagreements. Having a Will in place helps preemptively address potential legal issues by clearly stating the Intended Parents’ wishes regarding the child’s care, inheritance, and guardianship. This reduces the risk of legal disputes between family members or other parties who might have conflicting interests.
7. Peace of Mind for All Parties
Having a Will in place provides peace of mind for both the Intended Parents and the Surrogate. It demonstrates that the parents are prepared for all contingencies, reducing the emotional burden on everyone involved in the surrogacy process. Knowing that there is a clear plan for the child’s future in case something happens to the parents reassures the Surrogate and all family members.
8. Preventing Ambiguity and Uncertainty
Surrogacy involves multiple legal and familial complexities. If an Intended Parent dies unexpectedly before the birth of the child, or if any issue arises with the legal status of the child, having a will removes ambiguity. It ensures that there is no confusion regarding the Intended Parents' wishes and helps avoid delays or disputes in legal proceedings, especially in a sensitive surrogacy situation.
Conclusion:
Intended parents should establish a will before embarking on a surrogacy journey to ensure that their parental rights, financial plans, and the future care of their child are clearly outlined in case of unexpected circumstances. A well-prepared will serves as a crucial legal document that protects the interests of the Intended Parents, the Surrogate, and most importantly, the child. It provides clarity, reduces the potential for legal conflicts, and ensures that all parties are protected and supported throughout the surrogacy process.