If the intended parents have agreed to provide the surrogate with expenses, they should consider including a gift within their wills to fulfil their obligations towards the surrogate in this respect, and could also ensure that their executors have express instructions to fulfil said obligations to avoid any disputes that may arise upon their death.
With so many emotional considerations in play, ensuring that the legal side of surrogacy is taken care of means all parties can have peace of mind, and the new parents can focus all their attention on the vital business of welcoming a new addition to their family.
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Libby Holding is a legal services director at APS Legal & Associates – part of The SimplyBiz Group
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