Many families often get so caught up in the process of starting their families by whatever means possible that they may forget an essential piece of the process — estate planning.
Estate planning is not only vital in many stages of the Assisted Reproductive Technology process, but also after a child is born. Such necessary planning may include Wills, Trusts for children, Guardianships and Powers of Attorney, such as an Asset Management Power of Attorney and a Healthcare Power of Attorney (Living Will or an Advance Directive.)
Without an estate plan in place, issues related to decisions during ART procedures, parental rights of remaining Intended Parents, custody of genetic material by living partner/spouse, or return to donor destruction in the event of the Interned Parents’ death, inheritance rights, posthumous collection of gametes and posthumous reproduction with stored genetic material may arise.
A Will in these instances will put a plan in place for the division, management and distribution of your estate after your death. As you are going through Assisted Reproductive Technology procedures, child birth and ultimately have a child, a Will can capture your intentions for your child, for any stored genetic material, and designate a person to care for children posthumously born, if applicable.
When dealing with legal issues as a result of infertility or infertility treatments, you should speak to an attorney experienced in the knowledge of Assisted Reproductive Technology Law as well as Family or Estate Planning Law, as all of these potential legal issues may be applicable to your personal situation and understanding the law and your options is paramount in the forefront of your journey.
heARTbeat is a publication of KingSpry’s Adoption Law and Assisted Reproductive Technology Law Practice Group. It is meant to be informational and does not constitute legal advice.
