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Surrogates and Abortion Choices

HowardBThiname

HowardBThiname

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This story presents a scenario I hadn't considered previously. If a surrogate's fetus is defective and the lawful want her to abort and try again, should she be able to refuse to abort and force the legal parents to raise a defective child?

That's what she did here.

What do you make of it?

The woman learned of the heart defect, hypoplastic left heart syndrome, a few months into the pregnancy. After fighting with the parents when she would not abort, she delivered the child Dec. 21 and the baby was going to get the surgery he needs to correct his condition, WFAA in Dallas-Fort Worth reported.

According to the U.S. Centers for Disease Control and Prevention, hypoplastic left heart syndrome involves the malformation of the left side of the heart and prevents normal blood flow. A series of three surgeries could treat the condition, but it may not be end the infants' medical problems: “They may have lifelong complications.”
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Surrogate Who Refused To Abort Baby With Heart Defect: ?I Had No Rights?
 
HowardBThiname said:
This story presents a scenario I hadn't considered previously. If a surrogate's fetus is defective and the lawful want her to abort and try again, should she be able to refuse to abort and force the legal parents to raise a defective child?

That's what she did here.

What do you make of it?


Surrogate Who Refused To Abort Baby With Heart Defect: ?I Had No Rights?
Click to expand...


It doesn't say she forced them to do it: The surrogate told WFAA just days after the birth that she was shocked when the biological parents asked for an abortion, but relieved when she found out that the parents had agreed to give the baby the medical care he needed once he was born.

I think if the biological parents didn't want the baby once it was born, she should have the right to keep him herself.
 
holbritter said:
It doesn't say she forced them to do it: The surrogate told WFAA just days after the birth that she was shocked when the biological parents asked for an abortion, but relieved when she found out that the parents had agreed to give the baby the medical care he needed once he was born.

I think if the biological parents didn't want the baby once it was born, she should have the right to keep him herself.
Click to expand...



I'm just wondering whether there's anything in a surrogate contract that addresses aborting if the fetus is defective.

One of the big things in prochoice is allowing the mother to decide, but if a surrogate is carrying the baby -- can the surrogate be considered to be the mother? Obviously, it's still her body that's pregnant, but the fetus doesn't legally belong to her.
 
HowardBThiname said:
This story presents a scenario I hadn't considered previously. If a surrogate's fetus is defective and the lawful want her to abort and try again, should she be able to refuse to abort and force the legal parents to raise a defective child?

That's what she did here.

What do you make of it?


Surrogate Who Refused To Abort Baby With Heart Defect: ?I Had No Rights?
Click to expand...

My only thought towards this, would be if the fetus was defective to the point of being a hazard to the woman carrying it. Though if the woman carrying said fetus still wished for an abortion. It would still be her physical right to request one, despite the fetus not being hers.

Possession being 9/10ths of the law and what not.
 
HowardBThiname said:
I'm just wondering whether there's anything in a surrogate contract that addresses aborting if the fetus is defective.
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LOGICALLY, we should expect such things to be addressed in the future.

HowardBThiname said:
One of the big things in prochoice is allowing the mother to decide, but if a surrogate is carrying the baby -- can the surrogate be considered to be the mother? Obviously, it's still her body that's pregnant, but the fetus doesn't legally belong to her.
Click to expand...
UNADDRESSED SITUATIONS will lead to fallback to convention. If the woman is hired as a surrogate, and contractually obligated to follow the directives of the biological parents, then that qualifies as "addressing" various possible problems. She doesn't have to accept the contract and job, and the biological parents are free to seek some who will accept the contract and job.

IN A WAY, this whole generic scenario is similar to a man getting slapped with child support. Both can be addressed with appropriate contracts in advance --because if various possibilities are not contractually addressed, then as mentioned above, unaddressed situations will lead to fallback to convention (payments for something unwanted).
 
holbritter said:
It doesn't say she forced them to do it: The surrogate told WFAA just days after the birth that she was shocked when the biological parents asked for an abortion, but relieved when she found out that the parents had agreed to give the baby the medical care he needed once he was born.

I think if the biological parents didn't want the baby once it was born, she should have the right to keep him herself.
Click to expand...

And what if she doesn’t want it?
 
joG said:
And what if she doesn’t want it?
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I think with using or being a surrogate, anything like this will need to be in whatever contract is between them. In this case if she didn't want it and the biological parents didn't want it, then she can have an abortion if it's within the legal limits. But there are a few things bothering me about this case.

1. It says a few months into the pregnancy. A few is 3 or more, so depending on how many months would make a difference.
2. The condition "may" lead to problems in the future. Unless it's a certainty, imo, abortion isn't the answer. They are saying 1 in 4300 are born with condition. That, to me, seems to be more of a common thing than other life debilitating diseases. I think if that many people born with it and it leads to problems in the future, it would be more of an epidemic?



It is somewhat subjective on the medical side.
 
joG said:
I would say that it depends on the wording of the contract.
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The law never settles anything in this society. If we can wipe our ass with treaties this thing will never mean anything.
 
HowardBThiname said:
This story presents a scenario I hadn't considered previously. If a surrogate's fetus is defective and the lawful want her to abort and try again, should she be able to refuse to abort and force the legal parents to raise a defective child?

That's what she did here.

What do you make of it?


Surrogate Who Refused To Abort Baby With Heart Defect: ?I Had No Rights?
Click to expand...

There was a similar case in 2013 where a surrogate chose not to abort when it was found out that the unborn had a heart defect. The surrogate refused to abort even though the birth parents offered $10,000 to her if she would abort.

Here’s the article:

Surrogate offered $10,000 to abort baby - CNN
 
joG said:
Rather slow process here. How restrictive is it where you are?
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I don't know, I'm not familiar with the process. I believe prospective parents have to go through screening.
 
minnie616 said:
There was a similar case in 2013 where a surrogate chose not to abort when it was found out that the unborn had a heart defect. The surrogate refused to abort even though the birth parents offered $10,000 to her if she would abort.

Here’s the article:

Surrogate offered $10,000 to abort baby - CNN
Click to expand...

Wow. That's a real dilemma. I feel badly for all parties involved.
 
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