Surrogate delivers baby against bio-parent's wishes to abort

In the contract it was stated that in the case where the baby had severe fetus abnormanlity/ies, the surrogate would abort.
In an ultrasound it was found that the baby had a cleft palate and lip, a brain cyst and serious heart defects. The parents thought it be best to abort, they had experienced 3 previous premature births that resulted in 2 of the children having medical problems, but the surrogate declined. She packed herself and her kids up and moved from Connecticut to Michigan "where the birth mother, and not the genetic parents, is considered the legal guardian". She gave birth to the baby and after realizing she could not raise the baby, as she is a single mother and with children of her own, she decided to place the baby up for adoption. "The baby is now 8 months old, living with adoptive parents, has had three surgeries with more to come, and, if she lives, faces a 50 percent chance she won’t be able to ever walk or talk. "



My question is this,

What is the point of making a contract if the surrogate can end up changing her mind. For those that say "her body, her choice" I can understand that, however the biological parent's need to be protected/have rights as well.

Your thoughts?


Read the full story here: http://shine.yahoo.com/parenting/what-are-a-surrogate-s-rights--ct-woman--211138554.html

I guess...I was always under the impression that a contract is a contract. Period. She shouldn't have signed it if she didn't want to follow through.

It seems every link I read has been diffrent one never started the contract saying that the other didnt state the parents had other kids with other problems and the one I read said that she didnt find an adoptive family with the baby because she was a single mom she knew from the get go she needed to find a family and did so when she moved before she even had the baby to make sure it didnt get put into foster care etc... If there was a contract then she should have never signed it if she wouldnt abort but I also see it as unfair to ask someone carrying a baby to abort at 20weeks.

Quoting Bogey Woman:" I guess...I was always under the impression that a contract is a contract. Period. She shouldn't have signed it if she didn't want to follow through."

 

She knew her stance on abortion before she signed it, she shouldn't have knowing there was a possibility for that to happen.

She should have found a different couple.

I think they make a contract because most surrogates would honor it. Although to be honest I don't understand why the contract is only valid in the state they're in. If you can just flee to another state where you are guardian couldn't you technically do that and keep the baby? Even a healthy baby whose biological parents want it. This story made me realize we have a lot of kinks to work out with surrogacy before I would ever consider it.

Quoting kate & tilly:" I think they make a contract because most surrogates would honor it. Although to be honest I don't understand ... [snip!] ... parents want it. This story made me realize we have a lot of kinks to work out with surrogacy before I would ever consider it."

I was thinking that too...there really wouldn't be anything to stop her from deciding, "Hey, never mind, eff you, I'm keeping this baby for myself."

<blockquote><b>Quoting Bogey Woman:</b>" I was thinking that too...there really wouldn't be anything to stop her from deciding, "Hey, never mind, eff you, I'm keeping this baby for myself." "</blockquote>




Right! And even if a judge said she had to hand the baby over later, that still wouldn't make the pain of the ordeal go away if you were the bio parents.

Quoting kate & tilly:" I think they make a contract because most surrogates would honor it. Although to be honest I don't understand ... [snip!] ... parents want it. This story made me realize we have a lot of kinks to work out with surrogacy before I would ever consider it."

Agreed.

That whole story is very sad.

Wow. Just wow.

Is there a way they could even enforce a contract like that?

Does a surrogate use her own egg ordo they implant the bio parents

Quoting M walls:" Does a surrogate use her own egg ordo they implant the bio parents"

bio parents.

Quoting M walls:" Does a surrogate use her own egg ordo they implant the bio parents"

No, the surrogate has no genetic link to the baby, she is only the carrier...in this case anyway.

<blockquote><b>Quoting Emmy&Jazzy:</b>" No, the surrogate has no genetic link to the baby, she is only the carrier...in this case anyway."</blockquote>




Well shouldn't it be considered kidnapping if she has no biological ties to the baby

Quoting M walls:" <blockquote><b>Quoting Emmy&Jazzy:</b>" No, the surrogate has no genetic link to the ... [snip!] ... this case anyway."</blockquote> Well shouldn't it be considered kidnapping if she has no biological ties to the baby"

she moved to a state that views surrogates as the mother, so no.