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Planning a surrogacy arrangement is a project and there are lots of practical and legal steps to follow both before and after the child is born. One early important step is for the intended parent(s) and the surrogates to put specialist surrogacy Wills in place, or amend existing Wills, to ensure that in the event of an unexpected death they and the child are protected.

If an adult involved in the surrogacy arrangement dies without a Will and before a parental order is made, there is a strict legal framework within which their estate would be administered.

This means that the surrogate child could automatically inherit from the surrogate’s estate and they would have no automatic legal rights to claim from the intended parent(s) estate as they are not considered their ‘child’ until after the parental order is made.

Having a Will in place would confirm everyone’s intentions and enable both the surrogate(s) and the intended parent(s) to express their wishes in relation to guardianship and inheritance.

How can we help?

At Harding Evans, our Wills & Probate team are here to help. Not only will they assist with putting your Will in place, they will also provide you with expert advice, based on your specific circumstances. Contact us today to make an appointment.

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