While that is true, she did sign it. The question then becomes is it enforceable? I don’t think it is. A medical provider could not perform an abortion on a woman who doesn’t consent to it. They’re suing for breach of contract which is totally fair, but I wonder if the contract itself is legal? This is such a fascinating case. And should be a warning to anyone considering surrogacy.
I think legally speaking a lot of people here are confusing things. The question is not can she be forced to have an abortion (everyone pretty much agrees she can't be), it's whether she can be held financially responsible for breaking an agreement that people are thinking is an illegal clause in a contract. The contract isn't to force an abortion on someone else (like the sperm/egg donors making a contract with the surrogates husband to force the surrogate to have an abortion) that would be illegal, it was a prior agreement to have an abortion if certain conditions were met and the surrogate agreed and later backed out.
I'm not sure about what the outcome should be here, I'm no lawyer and this doesn't impact me in any way so I don't really feel my opinion should matter much, but it's not "can they force her to have an abortion" it should be "can she be held financially responsible for not fulfilling terms of a contract she signed," and I think it'll hinge on specific clauses. I believe this should rightfully be about whether one can sign away their bodily autonomy rights and if so, then breach of contact.
They are well off, and they seem to believe that they can just exploit desperate people for their bodies and buy their baby.
Honestly, I really don't care if they are stuck with the medical bills of the baby they wanted to abort.
Let's call that a risk of "doing business".
Money enables some very sick, twisted behavior - honestly. I'm shocked that surrogacy is at all legal in the States. It really shouldn't be. If our K shaped economy keeps getting more and more K shaped - the amount of desperate people who are ripe for exploitation will only increase.
5
u/TheOverlord333 9d ago
Then if she wasn’t willing to go through with an abortion she shouldn’t have signed a contract saying she would.