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Re: New Jersey Judge Blocks Dad From Delivery Room
Oh, I understand all this. It is just that unless a surrogate mother and her doctor could give some valid reason for why they couldn't be in the birthing room with her after she agreed in a contract, then they would have more legal recourse for that than he does (even if it is after the birth). Not that they would necessarily win, but it is more likely that they would be able to win in that case than a father in general because they do have a prior agreement and the child is theirs from the start. Now, there is definitely some circumstances where she could bar them or even doctors could, but I think in the specific case of her being a surrogate, it would have to be supported by something (even if it is a disagreement with the parents or something like that).
But that is a specific circumstance too. It would be akin to someone agreeing in a contract to do some medical research procedure then trying to bar the researchers.
IMO, if the lady said no, the hospital would honor her wishes. They have no contract with the guy. They do have HIPPA obligations to the patient. By the time it got sorted in court which is what would have to happen if the lady continued to say no? It'd be a moot point.
Oh, I understand all this. It is just that unless a surrogate mother and her doctor could give some valid reason for why they couldn't be in the birthing room with her after she agreed in a contract, then they would have more legal recourse for that than he does (even if it is after the birth). Not that they would necessarily win, but it is more likely that they would be able to win in that case than a father in general because they do have a prior agreement and the child is theirs from the start. Now, there is definitely some circumstances where she could bar them or even doctors could, but I think in the specific case of her being a surrogate, it would have to be supported by something (even if it is a disagreement with the parents or something like that).
But that is a specific circumstance too. It would be akin to someone agreeing in a contract to do some medical research procedure then trying to bar the researchers.