Frozen Futures: Estate Planning Considerations for IVF and Fertility Treatments

In today’s rapidly evolving world, advancements in technology have transformed how families are created.  In vitro fertilization (IVF) and other forms of assisted reproductive technology (ART) offer hope to those facing fertility challenges or those choosing to delay parenthood.  These scientific breakthroughs, however, also bring unique legal and estate planning questions that must be addressed to protect your wishes – and your family.

At Hoffman & Associates, we have worked with many clients navigating fertility treatments, helping them create estate plans that reflect their goals and protect their legacies.

Why Estate Planning Is Essential for Families Using IVF  

As IVF and ART become increasingly common, families encounter new legal complexities tied to these technologies.  Whether you are freezing eggs or embryos, considering surrogacy, or using donor materials, it is essential to ask: What happens to these genetic materials if something happens to me?

Georgia’s legal framework, like that of many states, is still developing in this area.  As such, estate planning provides a vital opportunity to take control of your reproductive legacy, avoid leaving important decisions to courts or clinic policies, and ensure your intentions reflect your personal values.

What Happens to Your Eggs or Embryos If Something Happens to You?

For individuals undergoing fertility treatments, one of the most pressing concerns is: Who will have control over your frozen eggs or embryos if you pass away or become incapacitated? Here are some key considerations:

• Disposition of Frozen Eggs or Embryos: Do you want your partner to retain control? Should they be discarded, donated to another couple, or used for research? Without clear instructions, decisions about your embryos could become subject to default clinic policies or court rulings – adding unnecessary stress to an already emotional situation.
• Posthumous Conception: If embryos are used after your passing, how will inheritance rights for any resulting children be handled? Laws governing posthumously conceived children vary by state.  Some states require explicit written consent from the individual who provided the genetic material before granting inheritance rights to posthumously conceived children.  Others may impose strict timelines for conception or require additional legal steps to establish parental rights.
• Legal Guardianship: If you pass away and your child is born through ART, who will serve as the child’s guardian? Establishing contingent guardianship in your estate plan is a crucial step to protect your child’s future.
• Beneficiary Designations: Assets like retirement accounts and life insurance policies pass outside of your will. It is essential to update these beneficiary designations to ensure they align with your broader estate plan and account for any children conceived posthumously.
• Incapacity Planning: Beyond planning for your assets, it is important to have a durable power of attorney and healthcare directive in place. These documents designate trusted individuals of your choice to make financial and medical decisions on your behalf if you become incapacitated.

The Role of Disposition Agreements

If you have undergone IVF or stored embryos, you likely signed a disposition agreement with your fertility clinic.  These agreements outline what should happen to genetic materials in cases of death, divorce, or abandonment of treatment.  While these agreements provide a foundation, they may not fully address your intentions or align with your estate plan.  An experienced estate planning attorney can ensure these agreements are integrated into your comprehensive plan.

A Plan That Evolves with You

Fertility treatments often represent hope for the future, but life is unpredictable.  Changes such as a new partner, the birth of a child, or updates to state laws may require adjustments to your estate plan.  Estate planning is not a one-and-done process; it evolves alongside your life circumstances.

Whether you have recently begun freezing eggs or have expanded your family through surrogacy, your estate plan should reflect these milestones and provide clarity for your loved ones.  Regularly revisiting your estate plan ensures it remains up to date with your wishes and any changes in the law.

Conclusion

Assisted reproductive technology is an incredible tool for building families, but it also introduces legal, emotional, and ethical complexities.  Proactively addressing these issues in your estate plan ensures your loved ones are protected and your intentions are clear.

At Hoffman & Associates, we specialize in crafting personalized estate plans that align with your values and goals and provide peace of mind.  Whether you are considering fertility treatments or revisiting an existing plan, our experienced team is here to guide you every step of the way.

Contact us at 404-255-7400 to start the conversation today.  Let’s work together to protect your family – however it is formed – and secure your legacy for generations to come.