Surrogate refuses abortion
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    Posting Addict GloriaInTX's Avatar
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    Default Surrogate refuses abortion

    If the biological parents of a child want the baby to be aborted should the surrogate be forced to have an abortion? In this case they found out that the baby has birth defects and so the parents wanted the baby to be aborted and offered the surrogate $10,000 to abort and she refused. The baby was born and has been adopted.


    Surrogate mother had the right to choose - CNN.com

    Surrogate mother refused abortion: Right? Wrong? Damned to hell?
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    No woman should ever be forced to have an abortion. The couple shouldn't be (and wasn't) forced to keep the child themselves, as long as they created that clause in the contract, but there's no way on earth a surrogate should be forced to abort.
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    Prolific Poster bunnyfufu's Avatar
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    That is a sad story.

    I agree that no woman should ever be forced to have an abortion, but how did she have the right to arrange an adoption?

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    There are so many issues I see with this case.

    First of all, the lack of consistency among states. She should not have been allowed to flee and then put the baby up for adoption solely because she gave birth. Had she given birth and then fled to MI, would that have been kidnapping?

    Second, contract law. I have no idea how that works but when I read one of the links it said she was legally bound to the terms of the contract which read agreeing to have an abortion in the case of “severe fetus abnormality”. Not sure if that was specifically spelled out or how it was worded, but the fact that the parents offered her $10K to abort, I'm guessing it wasn't previously addressed.

    Third, who has the right to control a woman's uterus? Had this been reversed and she wanted to abort but the other party wanted her to carry to term, it would be a totally different reaction. People would speak out against abortion and that contractually she was legally obligated to carry the baby to term.

    Fourth, the quality of life issue. Well, this child was born with a myriad of health problems. Clearly this would qualify as "severe fetus abnormality"
    cleft palate and lip
    a brain cyst
    many serious heart defects and problems
    holoprosencephaly (the brain does not divide into two hemispheres
    heterotaxy (internal organs are in the wrong places)
    a misshapen ear
    If a baby is born with all of the above and has a short lifespan of pain and suffering, what is the most humane thing to do? At the other end of the spectrum, families often have to make similar decisions. When family members end up on life support and are alive solely because machines are keeping their organs functioning at some point the plug is pulled. When faced with that decision at any point in life, what constitutes too much suffering? Which then leads back to my previous point.
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    Quote Originally Posted by bunnyfufu View Post
    That is a sad story.

    I agree that no woman should ever be forced to have an abortion, but how did she have the right to arrange an adoption?
    She went to a state where they don't recognize surrogates.

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    Community Host Sapphire Sunsets's Avatar
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    Yikes!


    So wrong on many levels.

    She did sign a contract that she would abort if serious medical problems were found. She breached that.

    They offered her 10,000 she refused but said that if they gave her 15,000 she would do it. If they really felt that strongly why not agree to give her 15,000?

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    Posting Addict Spacers's Avatar
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    She signed a contract saying that she *would* have an abortion if the parents wanted one. They are the parents, it's their decision. It's not her baby. She could have chosen a different couple who would not have considered abortiing. She chose them. She should have honored her contract with them. She had no right to make that decision for someone else or their family. Shame on her. And shame on the state of Michigan.
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    Quote Originally Posted by Spacers View Post
    She signed a contract saying that she *would* have an abortion if the parents wanted one. They are the parents, it's their decision. It's not her baby. She could have chosen a different couple who would not have considered abortiing. She chose them. She should have honored her contract with them. She had no right to make that decision for someone else or their family. Shame on her. And shame on the state of Michigan.
    I agree completely BUT once she wasn't ready to have the abortion, I do not think she should have been forced to do so. I still think she is in the wrong.
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    Posting Addict GloriaInTX's Avatar
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    Quote Originally Posted by Spacers View Post
    She signed a contract saying that she *would* have an abortion if the parents wanted one. They are the parents, it's their decision. It's not her baby. She could have chosen a different couple who would not have considered abortiing. She chose them. She should have honored her contract with them. She had no right to make that decision for someone else or their family. Shame on her. And shame on the state of Michigan.
    It is a lot easier to say you would take a life on paper than to actually go through with it.
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