Or can the biological mother sue her? Can she accuse the surrogate of anything more serious than breaking the contract? (Note: this is a legal question, not an ethical question.)If a surrogate mother is impregnated and then changes her mind, is it her choice to have an abortion?
I was a surrogate using a fairly standard agency contract, which included a clause laying out that abortion was always my legal right, but that as part of the surrogacy agreement, I would agree to follow the wishes of the intended parents in terms of pregnancy termination (or selective reduction in case of higher order multiples). Kind of tricky wording - they have to acknowledge that if the surrogate chooses to abort, legally, she can't be stopped, but leaving it clear that doing so would be a breech of the contract.
And no, surrogacy is not illegal in the U.S. Some states, yes, but not nationally, and several states have clear laws regulating the process.
It would be the surrogate mother's choice to have an abortion. The "biological" mother can sue the surrogate for any number of causes of action, most notably breach of contract, promissory estoppel, intentional infliction of emotional distress, and/or negligent infliction of emotional distress.If a surrogate mother is impregnated and then changes her mind, is it her choice to have an abortion?
Surrogacy is illegal in the US. Therefore, any such agreement is, by definition, not enforceable. In addition, it is always up the actual mother, surrogate or otherwise, whether to carry the baby to term.
YES, if it is okay in her will and ONLY her will. Nobody else should butt in and try to arrange her morals for her, especially when the decision doesn't affect anybody but herself.
ReplyDeletethe biological parents CAN sue but ONLY for breech of contract. also all money given to the surrogate as expenses must be returned by the surrogate