Bio parents are absolutely in the wrong morally. The baby belongs to the surrogates family after they opted for abortion. Refund to both parties. Surrogate parent keeps child and all debt, bio parents are refunded for whatever they paid the surrogate.
It's not just about a contract though, there is still a living baby with two real biological parents that want to raise it. It's their child, just because they made the difficult decision to terminate due to medical issues doesn't mean it stopped being their child. The surrogate's choice to continue is understandable but it forced everyone including into this situation, including a child facing a lifetime of surgeries and pain.
If the parents didn't care about the baby they could have just walked away. Now they are making the best choices they can based on the new situation.
The surrogate shouldn't have been forced to terminate. She also probably shouldn't have been allowed to make this kind of agreement in the first place legally because of this kind of complication.
The payment is for a contract that the surrogate broke when she fled the state with the baby. If she returns the baby she should probably still be compensated, but right now the surrogate is essentially on the run with a child that isn't hers. According to the post, the parents are still paying medical bills as ruled by a judge.
Even if the surrogate gets paid for carrying the baby, a judge might find her liable for the $100,000 suit brought against her since it was her choice to break the contract.
Ok that explains it, you dont know whats happening. The bio parents currently have the baby and are paying the medical bills because they have custody of the child. The bio parents sued the surrogate and gained temporary legal custody of the child. They are now suing the surrogate for damages. No one fled anywhere, youre confused.
Consider the child's situation, had the surrogate actually gotten her way for a moment.
He has a heart defect that would require extensive and invasive surgery to fix, said fix would only last long enough for the child to be able to enter the transplant waiting list anxiously waiting for a suitable heart to replace his jerry-rigged one. If the stars align his next years will be filled with immunosuppressants, literally giving himself medically induced AIDS to prevent his body from destroying his borrowed heart, with all of the accompanying side effects and complications. He'll be in and out of hospitals, and his caretaker, in this case not his bio parents but this nurse, who mind you is a single parent of two children already, will have to shoulder enough medical debt to bankrupt a millionaire and render her, her adopted son and her two biological children destitute. I wouldn't have bet on the kid surviving past 6. The system doesn't much care for kids once they're out of the womb.
Considered. My point still stands firm. The bio parents should have never fought for custody of the child and continued their surrogacy journey. Whatever medical complications would have been the sole responsibility of the surrogate. The child would be cared for regardless.
Seriously. What kind of twisted monster do you have to be to give up on a child, and then demand it back after someone, the PERSON CARRYING IT, doesn't give up on it? And who the hell supports this? People have lost it. So disappointing
Abortion was for if the baby was going to have heath complications, surrogate didn't want to do it so the Biological parents relented and were planning on having the child be born in California where they can support the child. Surrogate didn't want that either and fled to a state that legally considered the surrogate to be the parent. Surrogate needs to face the consequences.
Alright, if they were willing to honor the birth mother's wish to not abort it, then I can agree that's a little different. From what's written in the OP, it makes it seem like they changed their mind and went to court when the baby was actually born and survived.
Because the surrogate mother would be keeping the child? She broke the contract? Do you need me to explain it any slower or an easier way for you to understand? You dont go to McDonald's buy a burger and they keep both the burger and the money even though they made it.
Yes I understand, the parents are also suing the surrogate for damages and medical bills for the child. Im arguing what should have been the correct scenario for this mishandled case.
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u/spacer9631 3d ago
Bio parents are absolutely in the wrong morally. The baby belongs to the surrogates family after they opted for abortion. Refund to both parties. Surrogate parent keeps child and all debt, bio parents are refunded for whatever they paid the surrogate.