A co-worker found another co-worker to be a surrogate mother for her. They paid all of her expenses and even allowed her to move into their home so she wouldnt have to pay rent on her apartment.
Things were going along well, but now that the surrogate is in her seventh month of pregnancy, she is beginning to verbally express doubts about whether or not she can give up the baby.
Please tell me this "woman" has to give up the baby per their legal agreement...
Keep in mind, the husband's sperm was used...
2007-12-07 02:20:30 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Generally, if she changes her mind, she has breached the contract and might be ordered to repay all of the money she was paid back to the couple.
And the husband has rights as a father to visitation and possibly joint custody. He might even sue for full physical custody.
Everyone's rights depend on the laws of their state. If there is more than one state involved, it's an even bigger mess.
2007-12-07 02:54:22 · answer #1 · answered by raichasays 7 · 1⤊ 0⤋
Being a surrogate means that the couple "created" the child by having the wife's egg fertilized with the husband's sperm. The fertilized egg is placed in the surrogate to carry the child. She has no legal right to fight for the child. Being pregnant stirs up alot of emotions and she probably is just talking through hormones.
2007-12-07 02:30:42 · answer #2 · answered by A.J. 4 · 2⤊ 0⤋
Hmm, as unfair as it might seems it seems like dangerous ethical ground to take a baby away from his or her mother. Rightly or wrong, our society gives mothers the right to terminate their pregnancies is they so choose. Therefore I think in our society a women's right to her own womb is absolute. I mean people do break legal agreements. Just look at all the foreclosures these days. If a person can't be made to pay their debts, then how can you turn around and say surrogate agreements are absolutely inviolable? I think the police would be very unenthusiastic about kicking in doors to drag babies from their mother's breasts!
2007-12-07 02:40:38 · answer #3 · answered by michinoku2001 7 · 1⤊ 0⤋
No I dont, it isnt that I dont feel bad for her but she entered into a contract knowing what she was doing. Honestly if I was in a situation to need a surrogate, I would NOT use someone I knew and would continue to see regularly. It has to be hard to have a baby in you for 9 mths and not begin to feel for it especially if it is your egg... \\
Honestly as mean as this may seem, I really dont think we should be allowing the whole process at all- it isnt natural. I know people who cannot have kids and it has to be hard but sometimes life sucks = (
2007-12-07 02:30:56 · answer #4 · answered by Anonymous · 1⤊ 0⤋
I believe that when you agree to a contract you should be held to the terms of that contract. The surrogate mother decide she could keep the kid and force the father to pay child support. Plus the courts won't make her repay any money she accepted.
2007-12-07 02:30:45 · answer #5 · answered by bill j 6 · 2⤊ 0⤋
No, legally she can keep the baby, though she may have to share custody with the biological father.
2007-12-07 02:26:15 · answer #6 · answered by Laceyd5 4 · 2⤊ 0⤋
no
2007-12-07 02:28:58 · answer #7 · answered by Mick 7 · 1⤊ 0⤋