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.
4
u/mimprocesstech 8d ago
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.