By: Marla Neufeld, Esq. and Nick Klingenberg, Esq.
In a recent episode of The Surrogacy Space podcast, we discussed the intersection of surrogacy, adoption, and estate planning, exploring how legal structure supports families at every stage of the journey. Below, we’re sharing key insights from our conversation and our personal experiences as both legal practitioners and parents.
Family Building Through Surrogacy and Adoption
In our discussion, we reflected on the similarities and differences between surrogacy and adoption—two paths that, while both leading to parenthood, operate under very different legal frameworks. Adoption often involves waiting periods and uncertainties while parental rights are finalized, which can be emotionally challenging for new parents. Surrogacy, on the other hand, benefits from a more structured and predetermined legal process, offering intended parents greater assurance and stability from the outset.
Our shared experiences reinforced something we see with clients every day: regardless of the path to parenthood, families benefit when they understand the legal steps, timelines, and protections built into each process. Moving forward with professional guidance not only protects parental rights but also supports a smoother, more confident journey into family life.
The Essential Role of Estate Planning for Growing Families
Estate planning is critical, especially for parents of minor children or those preparing to welcome a child through adoption or surrogacy. Many families assume that naming a godparent or having an informal plan is sufficient, but legally, it isn’t. Parents must designate guardians, outline decision‑making authority in emergencies, and establish a clear plan for financial management in the event of the unexpected.
Jurisdiction‑specific considerations must also be considered. For example, New York’s standby guardianship laws allow parents to name individuals who can immediately act if the parent becomes temporarily unable to care for a child. New York’s Child Parent Security Act also requires intended parents to complete certain estate planning steps before embryo transfer. Beyond statutory requirements, families often benefit from creating revocable trusts, which streamline asset distribution and avoid the delays of probate.
Planning for Long‑Term Financial Stability
While wills and trusts name guardians, they also govern how and when money is distributed. Many families prefer staggered distributions beginning at age 25 or older, recognizing that an 18‑year‑old may not be prepared to manage significant assets. Additionally, families with children with special needs often require tailored planning to ensure long‑term support without jeopardizing eligibility for government assistance.
Families should revisit their estate plans every five years, or sooner when major life events occur, so documents remain aligned with changing circumstances.
Supporting Families Through Every Step of the Journey
Whether a family is beginning its surrogacy process, navigating adoption, or simply preparing for the future, our shared message is clear: proactive, thoughtful legal planning lays out the foundation for stability and protection. Legal guidance in both ART and estate planning not only safeguards parental rights but also provides lasting peace of mind.
We encourage families to reach out early, whether for a first conversation about surrogacy or to explore estate planning options. Consultations are designed to be approachable and informative, empowering families to make decisions that reflect their goals and values.
