What are your most precious possessions? Think about that question for a moment. Your family members are precious, of course, but they are not really your property. Maybe you value a piece of land or a home; perhaps a prized collection, a great car, or an heirloom comes to mind. Some would argue that the most valuable possessions you have are your genes— your genetic material— the stuff that enables you to create new life and pass on traits that are uniquely yours.
When you’re creating your estate plan, you may not be thinking about sperm, eggs, or embryos; but if you plan to pursue assisted reproduction, you’ll need to include any cryopreserved genetic material in your estate plan documents. Here are a few steps to take in order to ensure the right future for that precious material.
- Hire a Good Lawyer
This may seem like a no-brainer, but unfortunately many people try to cut corners and go without a lawyer when making their estate plan. However, the consequences of not having a lawyer are seen at the worst possible moment— after death or incapacitation, when legal problems and poor estate plans create a nightmare for the family members who have to untangle the mess. Save yourself and your loved ones the anxiety, and choose a respected estate planning attorney who can help you sort through your affairs and make wise decisions.
- Know Your State Law
Your attorney should be well-versed in the estate planning laws of your state, including laws that deal with reproductive technology and genetic material. However, you may want to do some research of your own to ensure that you’re addressing all possible scenarios, especially if you once lived in another state and have your genetic material cryopreserved in a facility there. Working together, you and your attorney can craft an estate plan that covers all the bases.
- Consult Your Partner
Whether you froze eggs, sperm, or embryos in the past or are planning to do so in the future, you are likely not alone in the decision-making process. Chances are, you have a partner or an ex who may have a legal or personal claim on that material. Inform your lawyer of any agreements or contracts that were signed in the past and explore whether or not those documents are still binding. You may need to speak with your ex or consult with your partner or spouse and come to an agreement about the future fate of your genetic material.
Some individuals freeze their sperm or eggs before a potentially dangerous event that could result in infertility, such as entering active military service or undergoing chemotherapy. Others have their own personal reasons and stories for preserving their genes in this way. Whatever your decision, make sure that your wishes regarding your genetic material are clearly known and will be carried out after your death.
About Attorney Nicole K. White
As a mother by gestational surrogacy and as a surrogacy lawyer, my goal is to help you experience the joy and fulfillment of starting or growing a family of your own through third party reproduction. Because I am a mother by gestational surrogacy, I know firsthand what you will need – answers to your questions, support and guidance – and what you will go through when starting your family. My experience as a surrogacy lawyer helps me guide you through the financial, emotional and legal aspects of surrogacy. I can say with confidence that few (if any) attorneys deliver the unique insight I can bring to your surrogacy journey.
