Surrogacy: the importance of a well-drafted will
All those involved in a surrogacy arrangement should 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:
- Provide for the payment of expenses to their surrogate mother
- Provide for their child (both by appointing guardians and by giving him or her a right of inheritance).
The surrogate parents should:
- Appoint the intended parents as legal guardians of their child
- 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 have the will drawn up by a specialist in this area of law. Contact us if you would like our help.
