Why Estate Planning is Critical for Families Growing Through Surrogacy in California
Bringing a child into the world through surrogacy is a life-changing experience—one that comes with unique legal, financial, and medical considerations. While many intended parents focus on the surrogacy contract, medical procedures, and parental rights, estate planning is an essential step that often gets overlooked.
In California, which has some of the most favorable surrogacy laws in the country, estate planning plays a crucial role in securing parental rights, protecting your child’s financial future, and ensuring that your wishes are legally upheld.
Let’s explore why estate planning is especially important for families who choose surrogacy and what steps you should take to safeguard your growing family.
Protecting Your Parental Rights and Guardianship
California law is clear about establishing parental rights for intended parents through a pre-birth order, which ensures that your name is on the birth certificate. However, estate planning provides an additional layer of security, especially if something unexpected happens before or after your child is born.
✅ Naming a Guardian in Your Will – If something happens to you before your child is born or while they are still a minor, your will should clearly name a legal guardian to care for them. Without this designation, the court will appoint a guardian, and it may not be the person you would have chosen.
✅ Ensuring Recognition Across State Lines – If you travel or move outside of California, other states may not recognize the surrogacy agreement or your parental rights. A well-crafted estate plan helps protect your child’s guardianship and inheritance rights regardless of where you live.
✅ Temporary Guardianship for Unborn Children – If something happens to you while the surrogacy is still in progress, estate planning documents can include provisions to ensure that your child is properly cared for and that your surrogate has legal guidance on what happens next.
Securing Financial Stability for Your Child’s Future
Estate planning is not just about who raises your child but also ensuring financial security and stability.
✅ Setting Up a Revocable Living Trust – Many parents choose to create a revocable living trust to manage and distribute assets for their child over time. This ensures that assets are used responsibly for their care, education, and well-being.
✅ Avoiding Probate – In California, assets left through a will alone may be subject to probate, which is a costly and time-consuming court process. A trust allows assets to pass directly to your child or their guardian without delays.
✅ Managing Funds for Your Child – If your child inherits assets before turning 18, the court will control those funds unless you specify otherwise in your estate plan. A trust allows you to appoint a trusted person to manage the funds until your child reaches an appropriate age.
✅ Updating Beneficiary Designations – Make sure that life insurance policies, retirement accounts, and other financial assets name the correct beneficiaries to ensure your child is financially protected.
Healthcare Directives and Emergency Planning
Your estate plan should also include advance healthcare directives that address medical decisions for both you and your child.
✅ Medical Power of Attorney – Designate someone you trust to make healthcare decisions on your behalf if you become incapacitated.
✅ Advance Healthcare Directive – Clearly outline your medical preferences to ensure that your wishes are honored.
✅ Emergency Plans for Your Child – Your estate plan can include instructions for immediate medical care, temporary guardianship, and access to financial resources for your child in case of an emergency.
Surrogacy and Estate Planning: What You Need to Know in California
California is one of the few states with well-established legal protections for intended parents in surrogacy arrangements. However, estate planning remains essential because:
✔ Pre-birth orders protect your parental rights, but they do not address financial or guardianship concerns in case of incapacity or death.
✔ Surrogates do not have legal responsibility for the child after birth, so you need a plan in place to ensure a smooth transition.
✔ Court involvement in guardianship decisions can be avoided with a legally documented estate plan.
By proactively creating or updating your estate plan, you can avoid legal gaps and ensure a seamless, secure future for your child.
Updating Your Estate Plan as Your Family Grows
Estate planning is not a one-time task—it should evolve as your family does.
✅ Review Your Plan After Your Child’s Birth – Once your child is born, update your estate plan with their full legal name and any additional provisions.
✅ Adjust Guardianship & Trust Details – As your child grows, you may want to revise your choice of guardians or adjust how funds are distributed.
✅ Regularly Consult with an Attorney – California estate laws change, and working with an experienced attorney ensures that your plan remains up to date.
Choosing surrogacy is an incredible journey, and estate planning is a key part of securing your family’s future. By taking the right legal steps, you can ensure that your parental rights are protected, your child’s financial future is secure, and your wishes are legally upheld.
If you’re growing your family through surrogacy, now is the time to take action.
📞 Call (805) 201-2552 to schedule a consultation and learn how we can help you navigate this important process.
💻 Visit www.terrihilliard.com for more information on estate planning for families expanding through surrogacy.
Your child’s future deserves thoughtful planning—let’s create a legacy that protects and empowers your family for years to come.
DISCLAIMER: The content contained herein is for general informational purposes only. These materials do not constitute legal or other professional advice. We do not accept any responsibility for any loss that may arise from reliance on this information. No reader should act or refrain from acting based on information contained in this article without seeking advice of counsel.