Custody

Dying and leaving behind minor children is something no one of us would like to consider. However, the consequences of not thinking this through can be devastating for your child’s future.

No matter if you are married or not or divorced, if another genetic parent (relatives) of the child is alive, he or she will get full custody over the child after your death. However, if both parents would pass away, social workers will find someone who fits for the role of the child’s legal guardian, usually, it is someone from the family’s close circle. According to statistical data, in Russia, in 88% of the cases when both parents pass away grandmothers are appointed as legal guardians, in 12% of such cases this role will be granted to grandfather and only 2% of orphans are left with non-relatives.

In the realm of family law, a legal guardian doesn’t have to fill out any special paperwork, he or she just has to express verbal consent. A legal guardian will be responsible for the child’s physical wellbeing as well as for making major decisions related to his or her health and education. Legal guardianship will end only after the child turns 18 years old.

In our practice, we had a case when both intended parents died when the surrogate was already pregnant. It took quite a long time for the court to appoint parents of the deceased father as the legal guardians of the child. It would be much more complicated though if the client were a single man because the legal mother of the baby upon birth is always a woman who carried it. Without special arrangements, it would be very difficult for someone from the father’s family the get the custody.

We encourage you to make the necessary arrangements and ask our lawyers to take care of this possibility before you embark on your surrogacy journey. You can appoint someone you want to be the legal guardian of your child and be very specific in details about how you want he or her to raise your child. This might be very useful guidance for his or her possible guardian.