Surrogate Offered $10,000 for Abortion

[B5SnowDog]

But she sold her body to this couple. They were paying her 20k for it.

If a sex worker became pregnant, do you think the man who contributed his genetic material should be able to force her to abort?

[Morton Fan]

You're not the only people in this thread who has spoken of the child in this sort of way; I'm just hanging my post from this because I'll bugger it all up if I try to multiquote and that doesn't matter because I just had this to say....

It's making me very sad, as a mother of a child with severe disabilities (who has, yes, been through multiple surgeries and will always require 1-1 care) to keep seeing people refer to this child as someone who (essentially) has a horrible life ahead of them.

Agreed. I try not to enter into these discussions because they make me feel upset, but agreed.

[Diana]

The thing is, even it there were an agreement, if the surrogate doesn't want an abortion, forcing her to abort seems wrong. People have the right to their own bodies. It's just so tricky. I'm not sure what the answer is.

This is all complicate, even if the woman only wants money and really dont do it for the baby or her concience..

I agree with this mom in the post who said that her child with disabilities can have a beautifull life being loved by his family, but not all parents are prepared for taking care of a child in this situation or can give the child what he needs, so i think that this should be the parents decision.. in a surrogated pregnancy like that who is the parent? the genetic one? the one who gestate the baby? the one that pay for it? who have to make the decision? i dont really know.. is for that reason that i dont agree with surrogacy , i think its not ethically right and should not be legal.

[Luvchild]

All I can think of is this poor child for the rest of her life is going to endure pain and suffering. The doctors visits, the needles poked in her, the tests, the surgeries, the poking, the prodding. Poor, poor child and it is forever till she dies a miserable death. What quality of life did this surrogate give this little soul? A life of pain.

[LeatherCouch]

You're not the only people in this thread who has spoken of the child in this sort of way; I'm just hanging my post from this because I'll bugger it all up if I try to multiquote and that doesn't matter because I just had this to say....

It's making me very sad, as a mother of a child with severe disabilities (who has, yes, been through multiple surgeries and will always require 1-1 care) to keep seeing people refer to this child as someone who (essentially) has a horrible life ahead of them.

I have 2 children who will forever require 1:1 care. They have different issues, but each one has multiple medical and mental health issues. We just found out today that 1 child is likely facing another surgery, one that is very painful with a long, horrible recovery. I love my children, I'm so glad they are mine, I would choose them over again in a heart beat and I'll be honored to care for them until my dying breath. That being said, their lives are extremely difficult, and there are times that the good is few and far between. They do suffer. There IS a lot of pain and difficulty in the life of a child who has medical issues. I have the child who was abandoned at the hospital, who nobody would take home for almost 2 years, who fought tooth and nail to survive. I'm so glad he did. I couldn't imagine my life without him. It may be a good life, but our "good" is far removed from what most people define as good. It's a lot of pain, a lot of struggle and it's exhausting for everyone in the family. So, no, I don't think the surrogate did the kind thing by birthing that child, even if I would happily take that baby and love her to the moon and back, fight to keep her alive and do everything in my power to make her life as happy as possible. This is just not a black and white thing, and that is why it is so important for women, who know their situations and the potential child's (who may someday be an adult) situation better than anyone, to be allowed to make the decision to terminate or not.

[Rachel333]

If a surrogate signs a contract agreeing to terminate or reduce a pregnancy if the intended parents choose to, is there a legal obligation to follow through? I mean, I definitely don't think a woman should be forced to abort, but it does seem pretty shitty of her not to if she agreed previously.

[Minerva]

The thing about surrogacy is that everyone involved is taking a risk.

Even if the surrogate signs the contract in good faith, they're putting themselves in a situation where they either have to use their body to someone else's specifications or get burned financially. They can do whatever the hell they want with their bodies, but the legal and financial part of the contract won't change just because they had a change of heart.

The parents need to realize that they are putting another autonomous human being in charge of their fetus, and that the surrogate can abort against their wishes, carry to term against their wishes, or disappear to give birth in timbuktu where they'll have parental rights, and there's nothing the parents can do about it besides get their money back.

[GenerationCedarchip]

If a surrogate signs a contract agreeing to terminate or reduce a pregnancy if the intended parents choose to, is there a legal obligation to follow through? I mean, I definitely don't think a woman should be forced to abort, but it does seem pretty shitty of her not to if she agreed previously.

And that's where it all gets sticky in many states. Even if a contract includes clauses like that, I don't think there's a whole lot of law out there on the enforcement of them (just based on 30 minutes of half-assed research while drinking prosecco - don't judge). However, I can see from the cases that do exist that courts struggle with the idea of treating this like a business arrangement vs. dealing with a human life or the potential for a human life. As a matter of public policy, I could see courts zeroing in more on the best interests of the child rather than strict enforcement of an abortion clause in a surrogacy contract.

[2xx1xy1JD]

If a surrogate signs a contract agreeing to terminate or reduce a pregnancy if the intended parents choose to, is there a legal obligation to follow through? I mean, I definitely don't think a woman should be forced to abort, but it does seem pretty shitty of her not to if she agreed previously.

Simple answer is no.

A legal obligation is something that courts can enforce, and no court in the US is going to force an unwilling woman to abort.

The only thing that CAN be enforced (in some states) in the financial part. Where paid surrogacy contracts are legal, you can say that the surrogate won't receive the monthly payment after the genetic parents request termination of the pregnancy.