Interesting Dilemna

Discussion in 'Religion and Ethics' started by Quantum Windbag, Oct 10, 2010.

  1. Quantum Windbag
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    Quantum Windbag Gold Member

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    Can parents force a surrogate to have an abortion? If not, can they be held legally responsible for a child they do not want?


    Couple urged surrogate to abort fetus due to defect

    Obviously Canada has different laws, but in the US most states would hold the father responsible for child support regardless of any contract they might have.
     
  2. Woyzeck
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    Woyzeck Senior Member

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    That is interesting. I would assume a contract between the to-be parents and surrogate would outline what would happen in this event, and what would be considered a breach of the contract.
     
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  3. syrenn
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    syrenn BANNED

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    Good question!

    In my opinion the surrogate is breaking the bounds of the contract. She is nothing but an incubator. You could argue she is "kidnapping" your baby.
     
  4. 2Parties
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    2Parties Senior Member

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    Can a father demand a mother abort, and wouldn't his decision be just as valid? Kind of a similar "dilemma" (I guess).
     
  5. Intense
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    Intense Senior Member

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    On the first question I would hope not. On the second, again I would hope not.
     
  6. syrenn
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    syrenn BANNED

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    In this case, technically the surrogate is not the mother. The mother in this case wants an abortion.
     
    Last edited: Oct 10, 2010
  7. Intense
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    Intense Senior Member

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    You would in fact be arguing that she took the baby you no longer want.
     
  8. syrenn
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    Yes, but that would still be considered "kidnapping"
     
  9. Intense
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    Intense Senior Member

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    One could argue abandonment. Kidnapping??? Maybe not. What action did the surrogate do after the fact, other than complete an obligation??? The Fetus was already put in her charge,when she was implanted with it. One might argue,breach of contract. Why would the perspective parents want to terminate the pregnancy anyway??? Genetic problem? Medical? Legitimate claim? If I can't raise my baby nobody can??? What??? Personally I would usually rather see the baby live. Secondly, live with someone that can love and appreciate it. Is blood thicker than water, yes, when it is willing.
     
  10. Quantum Windbag
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    Quantum Windbag Gold Member

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    I know that there have been cases where surrogates have refused to give up a baby after it was born. If I remember correctly, the courts ruled that she did not have to, and that carrying the child bestowed parental rights on her, even if she was not genetically related.

    I doubt any court would allow kidnapping charges to proceed against the birth mother of a child if the genetic parents wanted her to abort it.
     
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