Elder Law, Surrogacy, and Estate Planning: A Personal and Professional Conversation

On a recent episode of my podcast, The Surrogacy Space, I had the opportunity to interview someone who knows both the legal and personal sides of family planning better than most—my husband, Jason Neufeld, a board-certified elder law and estate planning attorney.

This interview provides a chance to connect the dots between elder law, surrogacy, estate planning, and parenthood, and to share insights that I believe are especially meaningful for growing families.

Jason’s Journey Into Elder Law

Jason began his legal career in personal injury law, but his path shifted after a case exposed him to Medicaid planning, a highly specialized area of elder law focused on helping clients qualify for long-term care benefits while protecting their assets.

Today, his practice encompasses elder law, estate planning, Medicaid planning, and special needs planning. What stands out most to me is how deeply this work impacts families. Particularly those in the “sandwich generation” who are caring for aging parents while also raising young children. Elder law isn’t just about planning for the end of life; it’s about preserving stability and opportunity for future generations.

Our Surrogacy Journey: A Shared Experience

Professionally, Jason advises families every day. Personally, he was my emotional support throughout our own fertility and surrogacy journey. Like many families, we faced years of fertility challenges, including IVF and IUI, which came with emotional and physical hurdles. When traditional approaches weren’t working, Jason became a strong advocate for reassessing our options. That advocacy ultimately led us to surrogacy, which was a decision that changed our lives.

Surrogacy is often discussed from a legal or medical perspective, but emotionally, it is a journey for both partners. Jason shared openly about supporting me through the process and navigating his own concerns, including early fears about bonding. Those fears quickly disappeared. Our sons’ bond with me is no different than that of any other parent and child, and our family is a testament to the many ways both love and parenthood can grow.

The Legal Side of Surrogacy and Parenthood

Because Jason is an estate planning attorney, our surrogacy journey naturally included conversations about legal preparation. One of the most important takeaways we shared on the podcast is this: estate planning should begin before your child is born.

For parents, especially those building families through surrogacy, it is critical to have documents in place addressing:

• Guardianship designations for minor children

• Healthcare surrogacy and decision-making authority

• Comprehensive estate planning to protect your family

While most estate planning can be completed prior to a child’s birth, Jason noted that healthcare surrogate documentation typically requires a Social Security number, making timing especially important.

Why These Conversations Matter

Surrogacy, elder law, and estate planning are deeply human processes, and when approached thoughtfully, they can provide peace of mind, protection, and confidence for families navigating complex paths.

Jason and I often say that surrogacy didn’t just give us our children; it strengthened our partnership. The same is true of proactive planning. When families take the time to prepare legally and emotionally, they are better equipped to face whatever comes next.

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Who Do We Help?

Marla Neufeld, Esq., reproductive law and surrogacy attorney in Florida at the law firm of Greenspoon Marder LLP, personally experienced years of infertility and ultimately used a gestational surrogate to build her family. Marla is honored to represent married and unmarried couples (heterosexual and same sex) and individuals seeking to utilize various third party assisted reproductive technologies focusing her legal practice on surrogacy, egg/sperm/embryo donation, and adoptions.

Schedule a Consultation

Greenspoon Marder’s Surrogacy and Reproductive Technology Practice Group, lead by Marla Neufeld, Esq., assists our clients with all legal aspects of third-party reproduction and can assist with legal matters in Florida, California, New York, New Jersey, and Illinois.

(954) 761-2929