Estate Planning for Surrogacy

Dec 18, 2024

In the second episode of The Surrogacy Space podcast, I was pleased to be joined by my colleague, Alan Cohn, a Trust and Estates partner at Greenspoon Marder, who shared invaluable insights on how surrogacy impacts estate planning. Whether you’re a parent using a surrogate, egg donor, sperm donor, or embryo donation, it’s crucial to ensure that your estate plan reflects your wishes. Here’s a summary of key takeaways from our conversation.

Essential Documents for Estate Planning in Surrogacy

When building a family through surrogacy, there are several important documents you should have in place:

Will: Name a guardian for your children in case something happens to you.
Powers of Attorney: Appoint someone to manage your finances if you become incapacitated.
Healthcare Surrogate: Designate someone to make medical decisions on your behalf.
Living Will: Outline your preferences for life-sustaining treatment if you become terminally ill.
Trusts for Children: These ensure your children’s inheritance is managed responsibly until they are of age.

The Importance of Guardian Nomination

One of the most critical elements of estate planning for surrogacy is nominating a guardian for your child. Without a clear guardian nomination, a judge will decide who raises your child if something happens to you—often after legal battles between family members. A guardian nomination document is simple but essential to ensure your wishes are respected.

When to Update Your Estate Plan

Estate plans should be updated when children are born or family circumstances change. For parents who already have an estate plan but haven’t included provisions for their children, it’s vital to create or update trusts and guardian nominations. In Florida, even if children aren’t named in the will, they may still inherit automatically under the “pretermitted child” rule.

Surrogacy and Estate Planning Across Borders

If you live in one state or country but have assets in another, it’s essential to consult with an attorney familiar with cross-border estate planning. Alan recommended having separate wills for assets located in different jurisdictions to avoid complications.

The Takeaway

Estate planning is essential for all families, especially those created through surrogacy. Setting up the right documents ensures that your intentions are followed and prevents legal disputes down the line. Whether you’re using a surrogate or building a family through other methods, consulting an experienced attorney is key to making sure everything is in place.

For more personalized advice on estate planning, please contact Alan Cohn at [email protected] and for more personalized advice on surrogacy law, please contact Marla Neufeld at marla.neufeld@gmlawcom, or call Alan or Marla at 954-491-1120. To listen to the full episode, click here.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

MEDIA CONTACT

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954.333.4308 | [email protected]

This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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