We usually see Sofia Vergara, star of Modern Family, in the headlines for her beauty and fashion. Recently, however, we have been seeing her entangled in a legal mess with her former fiancé, Nick Loeb. While they were engaged, Sofia and Nick decided to have children via a surrogate.  While the embryos are now frozen, Nick is seeking permission to have the embryos brought to full term. According to the agreement Sofia and Nick signed, the embryos can only be brought to full term with the consent of both parents. Sofia, now engaged to actor Joe Manganiello, does not wish to have the embryos brought to full term, while Nick believes he has a right to become a parent if he so wishes.

It is not an uncommon situation; many couples today are struggling to start a family. Given fertility issues, both singles and couples look to other means such as surrogacy, freezing your eggs, or creating embryos as alternative ways to start a family. While not usually thought of during the creation of your estate plan, it is imperative to think of what should happen to your frozen eggs or embryos upon your death.

California has enacted laws (CA Health and Safety Code §125315) requiring disclosure of “timely, relevant, and appropriate information” to patients faced with decisions regarding frozen embryos.  Patients may sign documents for the doctor or clinic with instructions as to the disposition of their embryos. These same instructions should be identified in your will or trust so as to better assist your trustee and executor with what to do when faced with the situation.

This blog post is not meant to discuss family law issues such as paternity and postmortem fertility, or ethical ones such as reproduction and genetic property. What it is meant to do is show you that it is not only assets such as your house or bank account to consider when creating your estate plan, but that you should also consider all aspects of your intended legacy including plans for frozen eggs or embryos.

While most estate planning attorneys might not address this issue, we work with our clients to ensure that we have everything covered in their estate plan so as to help your loved ones in the future. Contact us today if you would like to set up an initial consultation to discuss these difficult decisions at (818) 956-9200.

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Glendale, CA 91207

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