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Can Assisted Reproduction Affect Your Estate Plans?

Daryll Pomey Orat - Monday, November 03, 2014

Recently, Apple and Facebook made news for their bold initiative in covering the expenses of female employees freezing their eggs. The increasing popularity of such egg-freezing techniques raises questions about how they will affect estate plans.

Under the Apple scheme, female employees are now eligible for egg-freezing coverage. This is just the beginning, and it's very likely that many employers over the years ahead will follow suit. Retaining female employees is becoming difficult, and benefits like these can help employers retain female employees in the workplace, and encourage them to put their family plans on hold by freezing their eggs.

If you have already drawn up your estate plan, or are planning to do so soon, it's important for you to factor in whether your children or grandchildren's use of assisted reproductive technology will affect the way your assets are distributed. In your estate plan, you may want to factor in for any grandchildren born of such frozen eggs.

In some cases, this may be fairly simple. For instance, if your daughter goes ahead and freezes her eggs, and later decides to have a baby, the child will be your grandchild, and you may want to include the child in your estate plan. However, in a case, where your daughter has bequeathed her frozen eggs to her husband, who later decides to get those eggs implanted in a surrogate, things become markedly more complicated.

Discuss these issues with a California estate planning lawyer, especially if your children have ever mentioned freezing even in passing. Ask your daughters or granddaughters whether they are planning such procedures, and if the answer is in the affirmative, speak to an estate planning lawyer about how you can factor these issues into your plans.

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