For Intended Parents As intended parents (IPs), it is essential to develop strategies to protect your child’s well-being in the event of any unforeseen circumstances during and after the pregnancy. Contingency plans should be put in place to ensure that if one or both parties were to pass away, those who have agreed to care for the child are not left in a financially precarious situation. These contingencies should also account for any outstanding expenses owed to the surrogate, as losing the IPs could be emotionally traumatic for her, and not compensating her for previous expenses could result in severe financial hardships.
It is recommended that the surrogate’s life insurance coverage should amount to a minimum of £500,000. This sum is intended to cover all costs associated with insemination, transfer procedures, the entire pregnancy period, and the first 1000 days of the child. This measure is in place to safeguard against any adverse consequences arising from the pregnancy and childbirth. Additionally, it is advisable to include critical illness coverage if it is financially feasible. For such crucial matters, it is strongly advised to seek legal counsel, and this should be incorporated into the Surrogacy Agreement. We are here to assist you in drafting an appropriate will that covers such potential situations, as well as a suitable surrogacy agreement suitable for the UK.
For the surrogate
It is expected that the intended parents (IPs) will insure your life for the specified duration. However, it is also beneficial for you to have a will. At Wildcat Law, we can help you with this service by creating a will that will protect the baby you are carrying and other loved ones.
The will should specify the distribution of the life insurance payout in the event of your passing. This includes explicitly naming your children. The surrogate baby is considered your child and would be eligible for inheritance if you were to pass away during pregnancy and the child survives, unless there is documentation to the contrary. The pregnancy and the resulting child should also be addressed, as if you pass away during pregnancy, the baby would still be considered yours, and you need to specify your preference for who should have parental responsibility of the child thereafter. If you are married, the baby would automatically become your partner’s ward unless your spouse has explicitly stated that they do not endorse the surrogacy arrangement. In such a scenario, one of the IPs can establish themselves as the second legal parent by signing forms at the UK clinic before conception occurs. The surrogate’s legal partner, even if separated, might also need to sign forms confirming that they have no rights to the resulting child. If this has not been done, then even with your documented wishes, your spouse would still need to agree to transfer the baby to the IPs, transferring parental responsibility to them in the event of your passing.
In situations where you and your partner are living together, it can be challenging for your partner to demonstrate their lack of support. Consequently, many surrogates choose to include their partner in the initial birth certificate registration and then later remove both their names during the re-registration process when applying for a Parental Order (PO). In some cases, registrars may permit married surrogates to list one of the intended parents as an additional parent on the birth certificate instead of their spouse, as they understand the difficulties around accepting surrogacy as a means of creating a family
A Parental Order (PO) can then be issued to them in accordance with your earlier wishes, provided you were explicit in the Surrogacy Agreement and the IPs meet all the requirements, including at least one being biologically related to the child and the approval of the Children and Family Court Advisory and Support Service (CAFCASS).
As an intended parent, if your surrogate is situated in another country, it is advisable for her to have a will drafted in the relevant jurisdiction. Additionally, it is crucial to seek legal advice in the country where the surrogate will be located for treatment, pregnancy, and childbirth. This helps ensure that all legal aspects and contingencies are appropriately addressed in accordance with the specific laws and regulations of that country.