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Surrogate mother and contracts


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#1 Cassie

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Posted 18 September 2014 - 09:04 AM

I was watching a show this past week where a surrogate mother had a contract with a cause that stated something similar to if the fetus is considered "bad" (paraphrasing here, but due to a possible, unconclusive test) the surrogate mother should be subjected to abortion. Does this really happen or does it only happen on the shows?
Any man who reads too much and uses his own brain too little falls into lazy habits of thinking. - Albert Einstein

#2 Isla

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Posted 18 September 2014 - 01:46 PM

It's not really an enforceable clause where laws state that women can't be forced into abortions.  Bodily autonomy trumps a contract.  I guess making it part of the contract at least ensures the two parties discuss possible abortion scenarios during the matching phase, so they are on the same page if the fetus has abnormalities.

#3 Liscia

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Posted 18 September 2014 - 03:55 PM

There are definitely surrogacy contracts with clauses such as this. I have heard of people being sued for refusing to honor the contract and refusing to get an abortion when something was wrong with the baby. I think some people enter into such a contract thinking they will never have to make that decision.

#4 Cassie

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Posted 19 September 2014 - 07:35 AM

That is kind of what confused me about it. Within the show they argued in court that it was not something that should be within a contract due to the rights over a womans body. I don't remember if they won or not but it did get me thinking about how often oddities happen like this within surrogacy contracts, and if anything that is thinnly tettering on the lines of the law get shuffled into contracts like this.
Any man who reads too much and uses his own brain too little falls into lazy habits of thinking. - Albert Einstein

#5 Isla

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Posted 19 September 2014 - 08:57 AM

I can see how the surrogate mother could be sued for breach of contract, since technically she would be in breach.  This still doesn't force her to get the abortion, so bodily autonomy remains intact, but the financial ramifications are certainly very coercive and I don't agree with it.

#6 Thorol

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Posted 24 April 2016 - 07:07 PM

I was adopted when i was a baby and have thought many times about trying to find my birth mother. I have absolutely no idea how to do this as i know nothing about her. All i know is the hospital i was born in. Can anyone help me?

#7 Siv

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Posted 25 April 2016 - 12:18 PM

Thorol, which country were you born in?

#8 Vladibup

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