Surrogacy Wills – Are They Important and Why?

There are many practical and legal steps to consider and follow if you are planning on entering into a surrogacy arrangement.

Are you aware that prior to a Parental Order, the child will automatically inherit from the surrogate’s estate? That is because, under English Law, the surrogate is deemed to be the legal mother of a baby born through surrogacy until the Parental Order has been granted.

Obtaining a Parental Order can take time so it is important to prepare for what will happen in the event the surrogate or intended parents die before such an order is obtained.

If you are the surrogate, you (and your spouse) will need to consider updating your Wills to ensure that any reference to “Children” does not include a child born through surrogacy.  The surrogate (and spouse) should also consider including a guardianship clause pertaining to the surrogacy and appoint the intended parents as that child’s guardians should anything happen before the Parental Order has been signed.

It is therefore pivotal that each party to a surrogacy agreement seek independent legal advice regarding their Wills.

If you are planning on entering into a surrogacy arrangement and wish to discuss your Will further, please do get in touch with a member of our Private Client team who will be able to help you when navigating this highly specialist area of the law.