Estate planning involves making plans for managing and distributing a person’s assets in the event of their death or incapacity. In the context of assisted reproduction technology (ART), estate planning is particularly important because it involves the creation of a new family and the legal relationship between the intended parents, the surrogate mother, and the child. Without proper estate planning, the legal system will determine how an individual’s assets are distributed, which may not align with the deceased’s wishes, and the current laws may not have been updated to enable it to consider a child born via ART.
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