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Surrogate mother refuses abortion

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Ranger2
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Surrogate mother refuses abortion 2013-03-05 02:23:49 Reply

Link right here.

In Connecticut, a couple who were unable to have children naturally gave sperm and egg samples and implanted the fertilized embryo in a surrogate mother named Crystal Kelley who would be paid a fee for her service.

About halfway through the second trimester, ultrasound reports confirmed multiple brain and heart defects in the female fetus. The couple, not wanting to raise a child who needed special care, asked Kelley to abort the fetus. She refused.

The strange thing is, by law only Kelley could schedule an abortion, which she was morally opposed to. But she refused to get one, so the couple got a lawyer and legally ordered Kelley to have an abortion before the last month of pregnancy, which is the cut-off date for legal abortions in Connecticut. They cited that she had broken a part of the contract promising she'd get an abortion if there were certain abnormalities.

However, Kelley didn't even want to have this child, until the original parents filed an affidavit trying to gain custody of their still unborn child, so that when it was born the baby would be surrendered to the State of Connecticut and grow up in foster care.

Kelley heard about the horror stories of foster care, so she flew to Michigan, a state which had laws that would determine Kelley as the fetus's legal mother and prevent it from entering foster care. However, since she didn't want to be a mother to the fetus, she allowed another couple to adopt it.

Then, the original parents tried to claim themselves as the legal parents to the child, now born. Despite the discovery that the wife in the couple is not the genetic mother of the baby (although the father is the genetic father) they are able to visit the child occasionally.

That's the end of the story, but what do you think about Kelley's crusade? As someone who is pro-choice, I think she acted irresponsibly and was in breach of contract, but you all may think differently.

Camarohusky
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Response to Surrogate mother refuses abortion 2013-03-05 11:54:00 Reply

I don't like surrogacy and I don't think private surrogacy should be legal (by private, I mean done by oneself, and not through an organization or business). There's just way too much baggage on the table on all sides to leave this contract, which involves a major infiltration into one of the parties' bodies between two random folks.

The surrogate should have known this could happen. Now, she should most definitely be sued if the bio parents ae EVER asked to pay a cent. She violated the contract and should face the consequences. However, contracts like this in all industries are violated all the time. If one party feels that backing out is beneficial to them they have the right to do so, so long as they compensate the other party for the loss. There are some exceptions to this (such as nondisclosure or agreements not to appropriate), but those are a very different animal.

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Response to Surrogate mother refuses abortion 2013-03-05 18:34:12 Reply

That was really confusing, but from what I gathered it sounds like the child would be better off.... not becoming a child at all.

Maximumcheez
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Response to Surrogate mother refuses abortion 2013-03-06 03:29:43 Reply

I think that, by having it adopted, Kelly did a good thing, even if she was in breach of contract. While she should be reprimanded in some way for this, I find it utterly mind-boggling that the parents - who did not want to deal with the child in the first place - are trying to regain custody. That's just stupid to me.

morefngdbs
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Response to Surrogate mother refuses abortion 2013-03-06 08:40:06 Reply

At 3/5/13 02:23 AM, Ranger2 wrote: The strange thing is.

;;;
There is no problem in this Universe so massively stupid that people can't create one even stranger

Only in Fiction does a story have to make sense !


Those who have only the religious opinions of others in their head & worship them. Have no room for their own thoughts & no room to contemplate anyone elses ideas either-More

Cynical-Charlotte
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Response to Surrogate mother refuses abortion 2013-03-06 16:53:34 Reply

What an amazing story of moral fortitude on the part of the surrogate! I see absolutely no problem with her actions. Why on Earth were the donors so determined to kill that child? They are horrid and selfish people; the fact that they are unable to conceive a child themselves is great news. I hope the little girl's new parents are more responsible, and will love and cherish her as their own. Advocation of abortion for the listed reasons is barbaric, even if the biological mother is the one pregnant with the baby.


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HollowedPumkinz
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Response to Surrogate mother refuses abortion 2013-03-07 23:33:42 Reply

I am so strongly against most all forms of abortion that it shakes me to the core. It wrongs every sense of right I have. I'd like to think that morality fits in somewhere in this fucked up world and I'd like to think that the right to life can be refused by none save God or nature or whatever fatal force drives us. That being said, one of the thing I can say justify an abortion is when the child's likelihood of living are minimal to none.

Although I am ultimately glad that the child was at least given the right to live, and I hope she can over come the odds and continue experiencing life even if its hard, it's better than no life at all. I'm glad the surrogate mother had the fortitude to give birth to her and I hope she gets to visit often, more of a mother to her than her bio dad's wife will ever be.


Even as I walk through the shadow of the Valley of Death, I shall fear no Evil. Semper Fidelis

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Angry-Hatter
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Response to Surrogate mother refuses abortion 2013-03-08 13:38:45 Reply

At 3/5/13 11:54 AM, Camarohusky wrote: She violated the contract and should face the consequences.

It seems to me like it's an odd contract to begin with. The right privacy when it comes to the decision of whether or not to have an abortion is constitutionally guaranteed through Roe vs Wade, so wouldn't signing this contract in essence be the same as surrendering a constitutional right? Is that even possible?


Quod gratis asseritur, gratis negatur

Camarohusky
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Response to Surrogate mother refuses abortion 2013-03-08 15:02:48 Reply

At 3/8/13 01:38 PM, Angry-Hatter wrote:
At 3/5/13 11:54 AM, Camarohusky wrote: She violated the contract and should face the consequences.
It seems to me like it's an odd contract to begin with. The right privacy when it comes to the decision of whether or not to have an abortion is constitutionally guaranteed through Roe vs Wade, so wouldn't signing this contract in essence be the same as surrendering a constitutional right? Is that even possible?

It's very possible. People contract away their right to speak of certain things all the time.

Now, she's not contracting her ability to have an abortion. Not at all. That would clearly be unconscionable. What she is contracting is a service for money. If she wants the money she must follow the terms. She was not forced into this contract, nor was she of poor bargaining power (surrogacy is one of the relatively rare places where parties bargain contracts as actual equals). As she had equal bargainng power and she agreed to forbear her right to decide whether or not to abort her baby in order to get paid, I don't see any issue here. Also, the very nature of surrogacy contracts involves a major invasion of the surrogate's body and privacy, therefore any related invasions that are contracted for would hardly be likely to trigger a right to privacy issue anyway, as such privacy was waived by the very nature of th contract.

TracyJacksonTAW
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Response to Surrogate mother refuses abortion 2013-03-08 15:45:24 Reply

thumb up to the surrogate, she did what she thought was the right thing to do...I don't have an opinion here, but I think people should do what they feel they have to do.


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Ceratisa
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Response to Surrogate mother refuses abortion 2013-03-09 03:07:10 Reply

Violated contract, gave birth to a child she knew would have enormous difficulties and suffering growing up, that she couldn't care for. So basically she had no way of ensuring the child would have a good life.
Pretty bad on her part honestly.

poxpower
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Response to Surrogate mother refuses abortion 2013-03-09 09:17:24 Reply

At 3/6/13 04:53 PM, Cynical-Charlotte wrote: What an amazing story of moral fortitude on the part of the surrogate!

She demanded 15 000$ instead of the already generous 10 000$ offered just so SHE WOULD FOLLOW THE CONTRACT.
When they said no to the 15k, she got into a car and bolted.

Honestly I have to believe she did it for moral reasons because no one would be that stupid if they were doing it for money.

Well the end result is that the baby will cost other people tons of money. Congratulations.

New law: All people against abortion automatically enter themselves into a random draw to adopt unwanted children who's abortion they prevented. You want babies in the world? Well, you take care of them. Enjoy.


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Response to Surrogate mother refuses abortion 2013-03-10 01:35:06 Reply

At 3/9/13 09:17 AM, poxpower wrote:
She demanded 15 000$ instead of the already generous 10 000$ offered just so SHE WOULD FOLLOW THE CONTRACT.
When they said no to the 15k, she got into a car and bolted.

Because getting a lawyer to force a surrogate mother to undergo an abortion is... fine.

Well the end result is that the baby will cost other people tons of money. Congratulations.

Only thanks to the policies people like you forcibly put in place.

New law: All people against abortion automatically enter themselves into a random draw to adopt unwanted children who's abortion they prevented. You want babies in the world? Well, you take care of them. Enjoy.

I see that despite being a dumbass moderator for years now... you're still a dumbass moderator.

Maximumcheez
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Response to Surrogate mother refuses abortion 2013-03-11 19:56:54 Reply

New law: All people against abortion automatically enter themselves into a random draw to adopt unwanted children who's abortion they prevented. You want babies in the world? Well, you take care of them. Enjoy.

Sounds good. As long as all people for abortion enter into a random draw to be put to death. You want less people in the world? You put yourself in the same situation. Fair's fair.

Now I don't think this way of all pro-choicers, but it's fun to take someone's hypothetical argument and turn it around.

Camarohusky
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Response to Surrogate mother refuses abortion 2013-03-11 23:13:43 Reply

At 3/11/13 07:56 PM, Maximumcheez wrote: Now I don't think this way of all pro-choicers, but it's fun to take someone's hypothetical argument and turn it around.

Not a very good attempt though. As an abortion is not reating any extra burden on this world outside the specific transaction. Whereas forcing third parties to not have abortions puts lots of stress outside those who forced.

Lumber-Jax12
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Response to Surrogate mother refuses abortion 2013-03-13 21:35:21 Reply

This was illegal, you make a document saying that you legally gave your right to allow an abortion, yet you fall back on that, it's illegal. Moral, yes, but none the less illegal.

Think of a slave deal, If I bought a slave under the pretenses that I'd use him for plowing fields, then released him, there'd be legal repercussions for that.

But really once the Parent's decided to forgo the Child, why bother pursuing it's abortion?

I mean I can sympathize with these people, they're not monsters, and they're intentions were quite admirable kill the child to spare it a life of pain, in short euthanasia.

But really, pain will be suffered by all in life one way or another, that's just a fact of life. The problem I have with this argument is that it's sort of illusionary.

By that mentality it'd be better to kill some poor baby in Africa to save it from a life or pain and suffering, sure it's struggles may be easier to dodge than this child's but it too has a percentage for living a normal life. And hell with 25% chance, I'd take those odds if I was a betting man.

There's so much to Life, and to act as the decider for another person is wrong. Hellen Keller would have been terminated today had she been born to a similar family.

But it didn't stop her from living her life to the fullest now did it?

Ceratisa
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Response to Surrogate mother refuses abortion 2013-03-14 01:01:45 Reply

At 3/13/13 09:35 PM, Lumber-Jax12 wrote: This was illegal, you make a document saying that you legally gave your right to allow an abortion, yet you fall back on that, it's illegal. Moral, yes, but none the less illegal.

Depends on what your morals are. I consider going back on an agreement where I knowingly signed away something that may conflict with me morally, immoral and dishonest.

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Response to Surrogate mother refuses abortion 2013-03-14 08:33:29 Reply

So... they didn't want the baby, legally settled the case to where she HAD to get an abortion, didn't get one, ran to another state, had the baby, and gave it to another couple, even when the family who had requested her be a surrogate claimed custody.

Sounds to me like she kidnapped it.


Seriously, who even reads these things anymore?

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Response to Surrogate mother refuses abortion 2013-03-14 10:39:15 Reply

At 3/14/13 08:33 AM, robotking98 wrote: So... they didn't want the baby, legally settled the case to where she HAD to get an abortion, didn't get one, ran to another state, had the baby, and gave it to another couple, even when the family who had requested her be a surrogate claimed custody.

Sounds to me like she kidnapped it.

she actually used a loop hole and went to a state that recognized her as the mother. This was all pretty much legal.

if I were that baby I would be absolutely pissed if i wound up as a vegetable for the rest of my life.


ya hear about the guy who put his condom on backwards? He went.

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Camarohusky
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Response to Surrogate mother refuses abortion 2013-03-14 12:29:55 Reply

At 3/14/13 08:33 AM, robotking98 wrote: So... they didn't want the baby, legally settled the case to where she HAD to get an abortion,

There is and never has been a contract where someone had HAD to do something. You cannot force action through a contract (except in rare circumstances, but I digress). All a contract is is merely is an offer of a promise for a promise. If person A wants person B to fulfil their promise, person A must fulfill theirs as well, otherwise person B is off the hook (mostly).

Breaching a contract never directly result in jail time. The only real way jail time can come from a direct violation of a contract (and not the commission of some other crime in the process) is through an order of contempt, and judges dont hand those out for contracts often.

It seems in ths case the surrogate would merely not be entitled to the fully payment of her services (unless, as you supposed, she in fact did commit kidnapping, but that doesn't stem from the contract). As the actual problem in the pregnancy was an Act of God (term of art) the surrogate would not likely have any costs attributed to her to find a new surrogate.

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Response to Surrogate mother refuses abortion 2013-03-14 13:01:50 Reply

What a shitstorm. Normally if she wasn't being paid and under contract I'd say it was her choice not to abort. However that wasn't the case, she has an obligation. Why the hell the couple would ever agree to use a pro-life surrogate mother in the first place is beyond me.

I say infertile couples need to be adopting kids instead of spending all this money and time on trying to conceive.

supergandhi64
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Response to Surrogate mother refuses abortion 2013-03-14 15:06:55 Reply

a contract has no bearing on life and death. abortion is filthy business and trying to lawyerball someone into abortion is outrageous and no more legitimate than trying to contractually oblige someone to kill another human. the fact that abortion is even legal anywhere in the first place speaks volumes about just how effed up the world is today

--supergandhi64


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