If you’re going through fertility treatment, you are likely focused on medical appointments, emotions, and hopes for the future. One thing that often gets overlooked is the importance of having an estate plan.

An estate plan is not only relevant for people nearing retirement or those with large estates. If you’re storing embryos, eggs, or other reproductive material, or planning to start or grow your family through fertility treatment, having an estate plan is one of the most important steps you can take to protect your wishes, your loved ones, and your future child.

Clear Instructions for Your Reproductive Material

During fertility treatment, you may store eggs, embryos, or other genetic material for future use. Often, fertility treatment clinics help you clarify your wishes for the genetic material left after your death, but you should also include these wishes in your estate plan. This is especially important because most clinics cannot act without clear written instructions. If you do not document your wishes, your partner or family might not be allowed to use the material, even if that was your intention.

A Will gives you the chance to clearly state:

• Who should make decisions about your stored material
• Whether it can be used after your death to try for a pregnancy
• Whether it should be donated, preserved, or destroyed if unused
• Whether your spouse or partner can use that material for reproduction if they survive you

With a proper Will, you stay in control. You decide who gets what, who takes care of your child, and what happens to your reproductive material.

Protecting Your Future Children

In British Columbia, there are specific rules for children conceived after a parent’s death. These children can still inherit, but only if your Will includes them and the timing requirements are met. By including wording in your Will that covers future or posthumous children (children born after your death), you ensure they are legally protected and have the same rights as any other child.

Through your Will, you can also name someone to care for your child if you and any other legal guardian die. Without a Will, the court decides who becomes the guardian of your minor children. That person may not be the guardian you would have chosen. It may also require your child to relocate to another city, province, or country, depending on the residency of the court-appointed guardian. By naming a guardian in your Will, you help ensure your child is raised by someone you trust, who shares your values, and who can provide the kind of home you want for them.

Power of Attorney

When undergoing fertility treatments or raising minor children, having a Power of Attorney in place is a crucial, but often overlooked, step in protecting your family’s future. Fertility journeys can involve unexpected decisions or financial complexities, and a Power of Attorney ensures that someone you trust is legally empowered to act on your behalf.

For parents of young children, you are responsible for providing for your minor children and dependents financially. It is therefore especially important to have someone authorized to manage the financial and legal matters that your child relies on, in the event you cannot manage them yourself. Taking the time to set up a Power of Attorney provides peace of mind and a vital layer of protection for your growing family.

Representation Agreement

A Representation Agreement is an important estate planning document that allows an individual to appoint someone they trust to make health care and personal care decisions on their behalf if they are unable to do so themselves. It also provides an opportunity to express personal wishes about medical treatment, including decisions related to resuscitation and life-sustaining measures. This is especially important for individuals who may be pregnant, as they may want to provide specific instructions about their care in such circumstances. These preferences can be clearly outlined in the Representation Agreement.

When Should I Update My Estate Plan?

A question we often hear as estate planners is whether a parent should wait until after their child is born to update their estate plan. The clear answer is no. The reality is that life is uncertain, and we cannot predict when our time will come. It is extremely important that you update your estate planning documents to protect your family and your genetic materials if you predecease the birth of your child.

Wills and other estate planning documents tend to be prepared generally. Unless there are specific reasons, your children are not specifically named in your estate planning documents. This prevents you from having to update your estate plan with every new addition to your family.

Final Thoughts

Deciding to start a family is a major life decision, both emotionally and legally. A proper estate plan helps ensure your efforts, intentions, and future family are protected if the unexpected happens.

Contact us today to schedule a consultation and create a plan that protects your legacy.