Why Intended Parents Need to Establish Guardianship for Their Baby

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Establishing guardianship for your baby may not be on your priority list when planning to become parents through the surrogacy process using a Gestational Surrogate. However, as the best surrogacy agency in San Diego, California, we recommend you to take it into consideration as it is a very important part of the surrogacy journey. In this article, we will look at what is a guardian? Why should you establish guardianship for your child? And, the things to consider when choosing a guardian.

What Is a Guardian?

A guardian is a person appointed to step in and raise your baby on your behalf in case you and your partner die before the baby reached the age of majority, which is age 18 in most US states. 

Intended Parents should begin the conversation about who would be their baby’s guardian should both of them die during the surrogacy process. That is, their demise before their baby is born, or early in the baby’s life. Legal clearance for the transfer of a newborn surrogate baby can’t be sent to the fertility clinic if the Intended Parents don’t have a will or document providing guardianship for the baby. Legal clearance is what permits your Gestational Carrier to start medications and initiate procedures for an embryo transfer. Without legal clearance, your Surrogate won’t be allowed to begin medications or be scheduled for a transfer. 

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Why Should We Formalize It for a Surrogate Baby?

During the surrogacy process, Intended Parents may have an oral agreement with someone they have selected as their baby’s guardian. This way, if they pass away before the baby becomes an adult, he or she will take up their role and raise the baby. It is good to discuss with the person you have selected to be your child’s guardian. However, the conversation may not be enough for legal guardianship to be established. Therefore, we recommend that you consider guardianship for your baby now. Include your decision in your will in case you and your partner die while the surrogate baby is still a minor. This will enable the court to follow your wishes. The court can then let the guardian raise your baby without having a judicial intervention.

When providing guardianship for your surrogate baby, you may also want to name the order of successor guardians for the child. This gives the courts plenty of options if your first choice for a guardian cannot or doesn’t want to shoulder the responsibility. This also gives you the chance to make sure your baby is well catered for under any circumstances.

Things to Consider When Selecting a Guardian for Your Surrogate Baby

Selecting someone who will raise your baby is not an easy choice. You need to consider what values matter to you and what you want to instill in your baby. Is religion important? What about education? Staying in contact with your extended family? These are some things many Intended Parents think about when choosing the guardian for their child. A lot of Parents select a guardian who shares the same values, beliefs, and parent style as them.

One important factor to consider when selecting a guardian is the individual’s financial power and stability. You need to select someone who is financially stable enough to take care of another baby in their household. With a well-crafted estate plan, you can will your estate to your surrogate baby. This way your chosen guardian can then use it to raise your baby. 

Another important thing Parents need to consider is health and age. You want to make sure that the guardian you choose is healthy and will be able to parent your baby. For instance, choosing someone who is in their seventies wouldn’t be a wise decision. You want to go for someone who has good health and is active enough to cater to your child. Stability is also important because you don’t want to put your baby in a troubled household or want him/her to witness the loss of a guardian. 

Legalizing the Guardianship of Your child 

You have thought about who would be the guardian of your baby. The chosen person confirmed that they agreed to the request and are mentally and financially capable of doing so. Now, the next step is to reach out to a licensed attorney in your state of residence. You need to tell the attorney to start preparing all the necessary legal documents to name the guardian you’ve chosen. This will make sure that your baby’s future is secure and safe. At Physician’s Surrogacy agency located in San Diego, California, we suggest you draft a letter to the guardian discussing your beliefs, values, Parenting style, and what you want for your baby born with the help of a Gestational Surrogate. This is to make sure that the guardian knows what matters to you. It will help them to follow your beliefs and values when parenting your baby.

Sample Guardianship Language

Here is a sample of guardianship language that can be used in an estate plan crafted by your lawyer.

I appoint my sister, Sandra John, as the primary guardian of any kid I may have. 

If my sister, Sandra John, is not willing or cannot parent my child, I appoint,  in the order below, the following successor guardians:

First, Joshua John of San Diego, California

Second, Catherine Dwayne of Boston, Massachusetts


Although Physician’s Surrogacy‘s agency office is located in San Diego, we have licensed attorneys all over California, Texas, etc. They will be able to help craft your estate plan. We also work with other attorneys all across the US who can help you establish your estate plan. We advise that you choose a lawyer in your state. It will make sure all provisions and documents are recognized in the court of law. If you want to know more about establishing guardianship for your surrogate baby or have any questions about the gestational surrogacy process, please contact Physician’s Surrogacy to schedule a complimentary consultation. You can also visit us at physicianssurrogacy.com to have a chat with us.

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