Your Family Plan Isn’t Complete Without an Estate Plan

Estate Planning While Family Planning or Pregnant

by Whitney Knox Lee, Esq.

September 4, 2025

No children, but planning? Listen up! There are several major considerations to prepare for if you are in a family planning stage.

Unfertilized Eggs and Sperm 

Generally speaking, unfertilized eggs and sperm are considered the personal property of the person whose they are. So, if you choose to freeze your eggs or sperm for future use, make a plan for what should happen to it if you pass away. Genetic material can be transferred in an estate plan, or you can leave instruction for it to be destroyed. Sometimes the storage facility will have their own rules and regulations regarding this material, so make sure you have thoroughly read the small print before signing!

We learned as we and the rest of the world watched the pregnancy of Adriana Smith that Georgia will keep a pregnant woman alive even when brain dead. Through your Health Care Power of Attorney, you can have some say as to what should happen with your unborn fetus if you have a terminal condition or are in a coma. However, due to Georgia laws on abortion, the law may override your wishes depending on how far along the pregnancy is. 

Health Care Power of Attorney

Your Health Care Power of Attorney will come in handy in other circumstances as well. Regardless of whether you are carrying a child or supporting someone who is, if you are alive then you need a Health Care Power of Attorney. This document allows you to authorize a person to make health related decisions on your behalf in the event you cannot. This is vitally important for every. Person. 

This month, our Back-to-School Blog Series focuses on estate planning considerations for families with children — grouped by the age of the kids your life revolves around. Find more details and suggestions on our blog throughout September.