The law relating to surrogate parenting of children has been developing over the
years. Nowadays surrogacy usually takes place under a formal arrangement, with the
commissioning parents paying all the resultant expenses.
One item that might be overlooked is the need for all the adults involved to update
their Wills. Of course, at the time of planning the creation of a new life it is
hard to plan for the possible ending of one, 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 and this can continue for a number
of months. If something should happen to her (or possibly to her husband) during
that period the legal implications could be awkward, to say the least. Likewise,
the commissioning 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.
InHouse has experience of creating Wills in these situations and can help you to
make the right decisions. Thankfully none of these Wills have had to be invoked,
but they have given everyone involved great peace of mind that these particular issues
have been covered.
Surrogacy and your Will
If you are involved in a surrogacy arrangement then your Will should allow for this.
Don’t overlook this important part of the process.