Surrogacy: The importance of a well drafted will
It is important for all those involved in a surrogacy arrangement to make or update their wills, in case someone dies unexpectedly during the pregnancy or before a parental order has been obtained. This should be done well in advance of the birth.
The intended parents should:
- make provision for the payment of expenses to their surrogate mother and
- make provision for their child (both by appointing guardians and by giving him/her a right of inheritance).
The surrogate parents should:
- appoint the intended parents as legal guardians of their child and
- exclude the surrogate-born child from having any rights of inheritance from them.
Care needs to taken over the definitions used, so it is advisable to ask for a will to be drawn up by a specialist in this area of law. Please contact us if you would like our help.
