When Surrogacy Gets Complicated…

What would you or anyone do if they were in this extremely sensitive situation? A couple, who were already parents to three had sought out a surrogate so they could add to their family since the mother of three was unable to have more children. The surrogate selected was not a friend or someone they knew, it was a woman found using an agency. A woman who had financial struggles but was ultimately doing a job to both help a family as well as receive payment. During the pregnancy, abnormalities were discovered in the fetus and the couple made the decision to abort the fetus and had their own personal reasons for making such a call. So who gets to decide to abort an unborn child in a surrogacy?

According to the contract that was drafted, the surrogate agreed to terminate pregnancy if abnormalities were present. Unfortunately, the document was not more specific and thus began a legal battle. The surrogate, with her religious beliefs, didn’t believe in abortion. The parents, who did not want the child, immediately hired an attorney and the surrogate fired  back by obtaining free legal counsel. Soon after, abortion was taken off the table. The parents decided that as soon as the child was born, they would surrender the baby to the state. This still enraged the surrogate as she didn’t want the child to grow up in foster care.

This fascinating and unique story continues and gets more complex. The surrogate moved to another state where surrogacy laws are different and she would be recognized as the mother of the child. Before the child was born, she found adoptive parents, and more legal issues came to be. The full story and continuation of what happened can be found here. This situation isn’t something that should be dismissed as to a random occurrence. Planning ahead and really digging deep to discuss every possible scenario when considering surrogacy should be top priority for parents-to-be. And just because your state recognizes certain laws, doesn’t mean that others do as well. So what would you do if you were the surrogate or the parents in this situation? This is the type of question that should be discussed by anyone considering this type of conception.

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